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An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.

In April 2022, Mader Contracting sacked the mechanic for serious misconduct, after its client Newmont Mining Services accused him of stealing tools from its warehouse and prohibited him from returning to its site.

In unfair dismissal proceedings before Commissioner Paul Schneider, the employee said it was illogical to suggest he'd risk his employment for two "shifters" worth less than $100, which he already had at home, and that he'd simply forgotten to return them before leaving the site...