TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as fuel delivery driver – dismissed on 4 November 2016 for incident that occurred 14 October 2016 – applicant used mobile phone whilst unloading fuel and failed to establish exclusion zone – applicant claims dismissal harsh, unjust and unreasonable – applicant found to have substantially breached respondent policies and procedures thus valid reason for dismissal – Commission found respondent had sound, defensible and well founded reasons for dismissing applicant on the basis of his conduct – held respondent undertook a detailed investigation into applicant’s conduct and gave him every chance to participate in the investigation and respond to the allegations made against him before the final decision was made to terminate his employment – applicant afforded procedural fairness throughout process – Commission satisfied that dismissal was not harsh, unjust or unreasonable – application dismissed. Drysdale v John L Pierce P/L
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