A FORMER Department of Primary Industries dogman based at Tallangatta has failed in an unfair dismissal claim after being sacked last year.
The Fair Work Commission this week said Xavier Kirk’s termination was valid.
Commissioner Anne Gooley said Mr Kirk had received procedural fairness and a delay in the investigation did not affect the outcome of the case.
She said the termination was not “harsh, unjust or unreasonable”.
The Australian Workers Union and Mr Kirk had challenged his sacking last May.
Commissioner Gooley heard evidence in Wodonga and the case ended in November.
The department claimed Mr Kirk did not properly follow baiting directions, shot a dog wearing a radio collar in a trap and inappropriately used traps.
It said by failing to follow directions for the use of 1080 bait, Mr Kirk had poisoned two dogs under his control, one of which had died.
The incident occurred on July 18, 2011.
The second allegation involved Mr Kirk shooting a trapped wild dog that was wearing a research collar.
The dog was shot from 50-100 metres with an incorrect calibre firearm.
The third allegation related to an apparent failure to maintain traps to prevent unnecessary injury to dogs.
Commissioner Gooley said Mr Kirk was terminated and the department had substantiated the allegations that had been made against him.
The shooting of the collared dog happened about May 12, 2011.