TERMINATION OF EMPLOYMENT – misconduct – valid reason – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed from July 2011 until November 2015 as Operator at Dawson Mine – dismissed following incident involving dump truck operated by applicant coming into contact with critical safety barrier (centre bund) causing damage to barrier and truck – incident not reported – applicant contended no recollection of event due to alleged concurrent broken tooth causing loss of focus and awareness – respondent contended applicant responsible, knew of damage and failed to report it – respondent conducted investigation – applicant required to ‘show cause’ – explanation not accepted – at hearing expert reports provided by applicant and respondent witnesses – Commission considered all evidence in great detail – concluded it probable that applicant knew he had damaged bund or, at very least, that his vehicle had sustained reportable damage – accepted that applicant broke his tooth but conflicting evidence given about extent of damage, which tooth and when incident occurred – stated that applicant’s evidence and explanation contained significant inconsistencies – Commission satisfied on balance that there was a valid reason for dismissal – does not accept applicant’s version of events and contentions – dismissal not unfair – application dismissed. Frethey v Anglo Coal (Dawson Services) P/L
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