TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant commenced employment with respondent on 24 May 2001 and at the time of termination was working as Process Specialist – respondent conducts underground mine – an explosion occurred at the smelting facility at the site – alleged misconduct in failing to evacuate and conducting inspection of furnace following a serious incident in smelter building – direction from supervisor given not to evacuate – not unreasonable to stay and conduct inspection of explosion, but the manner in which inspection was conducted was unsafe and beyond the instruction given – employment terminated on 31 March 2017 – Commission found there was a valid reason for dismissal by failing to adhere to policies and procedures, however, on balance, the dismissal was harsh in circumstances – Commission found reinstatement was not appropriate due to loss of trust and confidence – Commission considered projected remuneration applicant would have received based on anticipated period of employment to be $99,406 – 30% deduction for contingences – 30% deduction for misconduct – deduction of notice payment – applicant awarded $47,676 in compensation. Johnson v BHP Billiton Olympic Dam Corporation P/L
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