TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Manager of IT&T – summarily dismissed for misconduct related to incident at respondent’s premises at Parramatta – applicant is an internationally renowned competitive target shooter – arranged lunchtime meeting with another target shooter to discuss rifle accessories – other target shooter unable to find car park so applicant gave her access to secure parking at resident’s premises – other target shooter removed rifle from car to show applicant accessory – actions witnessed by member of public who called police – police attended site to speak to applicant and other target shooter – applicant not charged – applicant approached by his immediate supervisor for questioning – applicant refused to speak saying he had been instructed by the Police not to discuss the incident – applicant suspended on full pay during internal investigation – respondent determined that conduct breached various company policies and failed to meet expectations regarding safety and security of people and company assets – applicant dismissed after disciplinary meeting – Commission found valid reason for dismissal however applicant’s actions did not justify summary dismissal – compensation of $8,616.00 ordered. Waters v Goodyear Australia P/L.
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