TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant was terminated for breach of a lawful and reasonable direction given by employer regarding loading of ship – applicant had received three prior warnings for threatening behaviour and failing to follow company procedure – submitted that breach was not deliberate and that he was under a lot of pressure that day – respondent submitted that applicant’s submissions in relation to nature or quality of breach was irrelevant to question of valid reason – submitted that applicant knew about procedure and decided consciously and wilfully not to follow it – Commission found applicant breached company procedure and that he was familiar with it but as it was an isolated event, it did not constitute a valid reason for dismissal – applicant submitted that prior warnings were not relevant as they were dubious factually with dubious processes – respondent submitted that applicant’s previous warnings should be taken into account but only to the extent of whether or not the incidents had occurred – found dismissal was harsh, unjust or unreasonable – reinstatement inappropriate – compensation of $18,225.80 less taxation ordered. Taylor v Qube Ports P/L t/a Qube Ports
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