TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant had financial difficulties that led to depression and being certified unfit for work – unable to secure accommodation for family in Port Hedland – required support of family – respondent granted applicant discretionary leave which allowed temporary relocation to Perth as applicant had claimed investment property in Port Hedland was subject of a long term formal lease – applicant said that wife and children relocated to Perth so that children could undertake schooling in Perth – claimed that wife planned to return to live in Port Hedland when youngest child completed education – this differed from the information the applicant previously provided to respondent and to a medical practitioner assessing fitness to work that family moved to Perth because the family home was sold as a result of financial difficulties being experienced – had purchased the family home from the company under the Housing Ownership Scheme – company claimed to also uncover fraudulent claims for Annual Leave Travel Assistance – claimed applicant provided misleading information about own and family’s residential options and improperly claimed electricity subsidies – even if investment property was the principle place of residence for purposes of accessing electricity subsidies, not entitled to claim such subsidies for periods in which absent from Port Hedland – terminated employment – applicant admitted wife preferred schooling available in Perth and not forced to sell home due to financial difficulties – applicant obtained a benefit that would not have otherwise obtained – satisfied that conduct provided valid reason for dismissal – severely damaged respondent’s trust and confidence – applicant admitted to wilfully and knowingly obtaining benefits by deceit – Commission satisfied dismissal was not harsh, unjust or unreasonable – application dismissed. Adeley v BHP Billiton Iron Ore P/L
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