TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Product Handler – performed two unsafe forklift manoeuvres on 3 December 2015 which resulted in incident forms and a subsequent formal meeting – also knocked a pallet of cornice off the truck when unloading pallets on 18 December 2015 where he nearly hit the truck jockey – on two occasions applicant was also found not wearing his safety glasses in contravention of work site PPE regulations – Commission found alleged incidents occurred and were in breach of policies that the applicant either knew or should have known – found failure to display contrition for breaches, or acknowledge the seriousness of incidents, led to a valid reason for termination – termination not harsh, unjust or unreasonable – applicant was warned that repeated breaches of safety could result in termination – found dismissal was not disproportionate to the gravity of the misconduct – application dismissed. Palmer v USG Boral Building Products P/L
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