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A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.

In September last year, Ballestrin Construction Services sacked the estimator for misconduct, but he claimed its decision was harsh and that he'd been denied procedural fairness.

The Fair Work Commission heard that a month earlier, the employee's work vehicle experienced mechanical problems and was towed to a repairer, which later told him the car required a replacement engine costing $5k...