TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as long distance truck driver – failed to activate alarm in client’s warehouse on one occasion and purportedly drove truck with dangerous goods in breach of policies – respondent conducted investigation and dismissed applicant for above reasons as well as damaging respondent’s reputation with client – Commission found no valid reason for dismissal – dismissal harsh, unjust or unreasonable – applicant sought compensation – Commission satisfied reinstatement inappropriate – in assessing compensation, considered period of service, age, mitigation of loss and receipt of workers compensation – ordered compensation of $32,305 less taxation. Humphries v A1 Distributions
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