In Delgado v Virgin Australia Airlines Pty Ltd  FWA 5595, the FWA was not satisfied that the allegations of stealing were well-founded and therefore they could not properly justify dismissal. However, it concluded that the Applicant had not only abused the travel scheme but had also lied about receiving the ‘fee’.
It said that it was not the mere receipt of the ‘fee’ that justified the dismissal. In fact the Applicant could have admitted the conduct and possibly escaped dismissal. Instead it was the fact that she had lied about receiving it. Therefore, the wording of the policy allowed the dismissal even if the reason given by the airline was not squarely on that basis. Dishonesty was enough. And, whenever there is dishonesty, it is usually a legitimate reason for dismissal whether or not there is a policy expressly forbidding it.
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