TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – transport driver – single speeding incident – conduct not deliberate but inattention in breach of policies, road traffic law and reasonable requirements – serious incident and despite immediate recognition and remorse valid reason for dismissal found – no prior counselling and no previous incidents of speeding or other traffic offences in over 39 years of truck driving – incident and responses by applicant not sufficient to objectively lead to loss of trust – Commission found dismissal harsh and unreasonable in circumstances – remedy – remedial benefit of reinstatement – contrition and reasonable basis for future expectation of safe work – insufficient grounds for loss of trust and confidence found – reinstatement appropriate and ordered – six months loss of wages will result and no order for lost remuneration – order for continuity of employment and service. Murray v Reliable Petroleum P/L
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