TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as security officer at Brisbane airport – dismissed due to security breaches for which respondent claimed she was properly trained – zero tolerance policy towards such breaches – applicant admitted the breach but submitted her dismissal was a disproportionate response – evidence there was no written or oral communication of the zero tolerance policy – zero tolerance policy, carrying with it the very real prospect of dismissal for a single breach, requires unequivocal communication to employees – Commission found no evidence this was done – dismissal harsh and unreasonable – reinstatement appropriate in the circumstances – no order for payment of remuneration lost between dismissal and reinstatement as the conduct was a significant breach of safety requirements – reinstatement to former position, or to another position on terms and conditions no less favourable and restoration of continuity ordered. O’Brian v MSS Security P/L
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