TERMINATION OF EMPLOYMENT – misconduct – merit – s.394 Fair Work Act 2009 – applicant employed as store manager – applicant employed with respondent since 1994 and had been in a store manager position since 2002 – dismissed for incident where he climbed a stack of 12 pallets on a pallet jack of 12 pallets on a pallet jack to hand promotional material from ceiling – stack in excess of six feet high – incident occurred during busy period with customers and members of public close by – area not fenced off from passers-by – applicant had received recent warnings regarding store audit – valid reason for dismissal based on pallet incident – applicant’s evidence regarding incident displayed disregard for own safety and that of others – fact that no one was injured was fortunate but not a basis to defend his conduct – other warnings applicant received provided contextual basis for dismissal – Commission of view pallet incident was serious misconduct – even if Commission found earlier warning should not have been relevant – in any event, Commission not of view prior warnings were invalid – applicant notified of dismissal – applicant provided opportunity to respond – no procedural deficiencies affecting dismissal – no other significant relevant factors – dismissal not harsh, unjust, unreasonable – application dismissed – order issued. Merlino v Coles Supermarkets Australia P/L
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