A Melbourne brokerage has successfully defended an unfair dismissal claim, with the Fair Work Commission ruling it was reasonable to view her doctoring of a document to change her job title as serious misconduct. 

In the weeks before her dismissal, Foula Dendroulakis had been issued a warning by CCIB Services co-directors Ryan Fisher and Kurt Alder concerning her productivity and honesty. 

They stated her version of how she spent her time working from home did not align with system records. 

Ms Dendroulakis then filed an application for general protections with the commission. This complained she had been underpaid and required to perform duties of a senior account manager when her formal employment contract title was account manager. 

CCIB acknowledged that the word ‘senior’ had been omitted from the contract in error but says the position has always been Senior Account Executive.  

This was reflected in business cards, her LinkedIn profile, email sign off, correspondence with clients, and a position description issued in December 2022 when she was granted a pay rise – although not one as large as she sought, and her request to raise work from home days to two a week from one was denied, as was a request to change desks in the office. 

After the November 27 warning, Ms Dendroulakis was dismissed on December 15 as it was found she altered a 2022 letter she had written to remove the word "senior" from her title. 

This was sent to the commission, and CCIB argued she had dishonestly made the change to support her underpayment claim. 

Ms Dendroulakis said the change was "in line with my legally binding employment agreement" and presented her correct title to the Fair Work Commission. She “firmly denied” the omission was deliberate or intended to mislead the Commission. 

Mr Alder said that he "did not trust Ms Dendroulakis to tell the truth or perform her duties as required". 

"Foula’s conduct in altering the original letter was serious... designed to bolster her claims against CCIB. Her explanation made matters worse, not better. Trust was too far gone – it was severed with no coming back. As such, I decided anything less than dismissing Foula was not appropriate."  

The Commission's deputy president Amber Millhouse ruled CCIB’s "belief Ms Dendroulakis’ conduct was sufficiently serious to justify immediate dismissal was, objectively speaking, based on reasonable grounds ... Ms Dendroulakis’ dismissal was not unfair." 

The Commission also says Ms Dendroulakis' contention she was ultimately employed by Coverforce under a joint venture with CCIB "is not supported by any cogent evidence and is rejected". 

See the case here.