TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant part of the Field Maintenance team – an employee (X) of the respondent had been bullied in a serious and unacceptable way by people with whom he worked – primary question was whether the applicant was involved in the bullying of X – alleged that the applicant, with two other employees, left the workplace and deliberately drove their cars in a way to block X from being able to make a right hand turn off the Golden Highway – respondent conducted an investigation and concluded the alleged conduct had occurred – the applicant and one other employee were dismissed – whether respondent had a valid reason for the dismissal of applicant – Briginshaw considered – after consideration of the evidence the Commission concluded the applicant acted intentionally, together with two other employees, to prevent X from being able to turn right off the Golden Highway – risk of a serious motor vehicle accident – only in exceptional circumstances that an employer has a right to extend any supervision over the private activities of employees [Appellant v Respondent] – out of hours conduct must have a relevant connection to the employment relationship in order to be a valid reason for dismissal [Rose v Telstra] – no question that applicant’s conduct in making a plan or agreement with the two other employees was conduct that took place at the workplace and is therefore not ‘out of hours conduct’ – Commission satisfied that the conduct engaged on the Golden Highway in relation to X had a relevant connection to the employment relationship – satisfied respondent had a valid reason for applicant’s dismissal related to his conduct, including its effect on the safety and welfare of other employees – satisfied dismissal not harsh, unjust or unreasonable – application dismissed. Kedwell v Coal & Allied Mining Services P/L t/a Mount Thorley Operations/Warkworth Mining
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