The art of plain speaking; Fair Work Commissioner spells it out

In a brilliantly refreshing statement of the bleeding obvious, one of my favourite Fair Work Commissioners, Danny Cloghan from Perth (of course), has described the test whether a dismissal is justified for serious misconduct as “remaining the same, that is, the decision to terminate the employee’s employment must be “sound, defensible and well founded”.
O’Connell v Wesfarmers Kleenheat Gas Pty Ltd (2015) FWC 2103 delivered on 7 April 2015 per Cloghan C