TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent, Farstard Shipping for 16 years – applicant responsible for overall management and safe navigation of the vessel – in September 2016 applicant was rostered off but was asked if willing to assist on another vessel to mentor new Master – applicant subject to random alcohol test before attending vessel – applicant failed test – applicant was provided with a show cause letter and following an investigation, was terminated on 15 November 2016 for serious misconduct – applicant submitted that there were factors throughout the course of his employment which led to his drinking that evening – applicant submitted that throughout the course of his employment, he had made significant contributions to improvements in safety performance and demonstrated a willingness to take on additional duties – submitted there were mitigating circumstances which led to his drinking – Commission noted that respondent’s policies did allow for lesser penalties such as education and rehabilitation – Commission satisfied that applicant was provided with a reason for dismissal and given an opportunity to respond prior to the decision being made to dismiss him – Commission noted that applicant has an exemplary record with respondent; however, found that an incident in 2014 was never fully resolved neither in applicant’s mind, nor by respondent – Commission satisfied that although applicant did engage in alleged conduct the decision to dismiss him was harsh – Commission satisfied applicant was unfairly dismissed – respondent opposed reinstatement as it had lost trust and confidence in applicant – Commission satisfied that respondent has grounds to this claim – reinstatement not appropriate – Commission directed parties to file submissions regarding compensation. Rust v Farstad Shipping (Indian Pacific) P/L t/a Farstad
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