TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as diesel fitter at Peak Downs Mine -alleged to have not complied with safe work instructions and rules and placed himself at an unacceptable level of risk on 22 March 2016 – applicant suspended with pay from the date of the incident – response to ‘show cause’ letter not discussed – dismissed 3 May 2016 – applicant submitted he had acted in accordance with training provided to him and in a manner known to staff and accepted – denied acting contrary to his obligations – submitted no valid reason for dismissal and procedural inadequacies – sought reinstatement – respondent submitted it should have been clear to applicant that breach of any safety-related policy might result in discipline or termination – submitted that if any procedural deficiencies found, dismissal still justified [Byrne] – contended reinstatement inappropriate due to loss of faith in applicant’s ability to work safely – Commission found a valid reason for dismissal – held dismissal unreasonable due to lack of procedural fairness – found dismissal unjust because decision to terminate based on allegations not put to the applicant – remedy – Commission held applicant had unsatisfactory regard for workplace risk and poor attitude towards safety – satisfied reinstatement inappropriate – compensation – applicant had secured other employment – Sprigg applied – four months’ compensation less lieu of notice, other earnings and 30% deduction for misconduct – total compensation of $25,448.98 plus 9.5% superannuation, less tax – order issued. Crawford v BHP Coal P/L
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