Pasqualina Repici v Bank of Sydney Ltd T/A Bank of Sydney (U2014/15399)  FWC 4571. CRIBB, C. 8 JULY 2015
In this matter the FWC found:
“In all of the circumstances of this matter, and having taken account of each of the factors set out in section 387 of the Act, I determine, on fine balance, that Ms Repici’s dismissal was harsh.
“ On the one hand, there was a valid reason (a serious breach of procedures) which would have had a negative impact on the Bank and its customers, if any of those customers queried an action of the Bank which required access to the original document, and it was not in the customer’s file. On the other hand, the actions of Ms Repici were not deliberate (the documents had been put in the Bin inadvertently, by mistake, in the context of working in a busy Branch and in the process of moving desks); Ms Repici’s explanation for why the documents were placed in the Bin was reasonable and Ms Repici was not accorded procedural fairness during the disciplinary process.
“Accordingly, it follows that, pursuant to section 385 of the Act, Ms Repici was unfairly dismissed.”
The Commissioner discounted compensation to the applicant by 40% for misconduct and a further 20% for “contingencies and taxation”. It should be noted that the Centrelink payments are not taken into account by the Commission in determining the amount of remuneration earned.
The Commissioner requested further information before an order for compensation was finalised.
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