TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as forklift operator – dismissed for operating forklift in close proximity to a customer who had entered an exclusion zone – Golden Rules – applicant gave evidence that he shut down forklift and directed customer to move to a safety zone – evidence given for the respondent indicated that applicant continued to operate forklift while customer was in exclusion zone and that applicant would have reasonably viewed customer has being in exclusion zone – customer in question gave evidence that he was instructed by a forklift operator to leave exclusion zone but conceded he could not recall the date of the incident or whether it was the applicant who gave the instruction – factual matrix of respondent preferred by Commission – found valid reason for dismissal – limited future employment opportunities for applicant a factor in favour of finding dismissal was harsh – when all circumstances considered, dismissal not harsh, unjust or unreasonable – application dismissed. Hanley v Stramit Corporation P/L t/a Stramit Building Products – Rockhampton
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