TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant and three workmates left work before the end of their shift – prior to leaving work applicant did not detach a load of steel from an overhead crane he had been operating – following an investigation into these events applicant was dismissed – respondent submitted applicant breached the National Overhead Crane Operations Standard Operating Procedure & Competency Assessment (SOP) and left work before the prescribed finishing time for his shift without permission – applicant conceded he breached some requirements of the SOP however believed he was leaving the crane in a safe position when he departed work – Commission satisfied applicant’s conduct constituted a patent and substantial breach of the SOP – found valid reason for dismissal – however Commission not satisfied respondent had a valid reason to dismiss applicant in relation to his early departure – employees given permission by Warehouse Co-ordinator to leave, and employees regularly worked back without the payment of overtime to complete work after the conclusion of their shift – found dismissal not harsh, unjust or unreasonable – application dismissed. Marshall v OneSteel Trading P/L
…
