TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant was employed as a Detention Services Officer – applicant allegedly terminated because he did not maintain positive control of a detainee and the detainee escaped – applicant submitted his termination was unfair because the circumstances of the escape were dynamic and fluid and required rapid decisions which were consistent with applicable policies – further submitted Escort Operational Order for this detainee was not satisfactory, any misbehaviour on his part was not wilful or deliberate, the incident investigation process was deficient and lacked procedural fairness and his termination was disproportionate to the incident itself – respondent argued applicant did not comply with mandatory escort procedures, did not comply with clear instructions relating to the escorting of the detainee and failed to seek guidance over how the escort should be escorted – Selvachandran applied – Commission satisfied that the reason for employment termination primarily related to failure to comply with the required procedure – held dismissal was not unfair – application dismissed. Nadeem v Serco Australia P/L
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