TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed for alleged safety breach – applicant submitted that respondent had not properly identified how he had breached safety processes – submitted his conduct was consistent with established work procedures – respondent submitted policy and procedures clear – applicant had received earlier warning regarding safety procedures – respondent asserted it had undertaken a thorough investigation of the incident – Commission satisfied on evidence that applicant breached safety procedures – Weir Minerals Australia Ltd considered – Commission satisfied valid reason for dismissal – Commission considered other relevant factors – applicant employed by the respondent for 35 years – applicant defended his actions but demonstrated a willingness to comply in the future – applicant did not attempt to cover up what had happened – due to the application of other relevant factors Commission satisfied dismissal was harsh – satisfied dismissal unfair – reinstatement inappropriate given applicant’s personal circumstances – compensation reduced as applicant had not taken steps to mitigate loss and due to valid reason for dismissal – compensation of $30,000 ordered. Ptolemy v Nestle Australia Limited
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