TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed because he drove a hi-rail vehicle around stationary cars at boom gates, placed vehicle onto railway line whilst train was approaching on adjacent line, and then exited vehicle on side of railway line on which train was passing – Commission found applicant’s conduct was a valid reason for dismissal because it breached safety procedures, was inherently dangerous and involved unnecessary risks – unsatisfactory performance warnings given in past regarding speeding and unsafe driving – Commission considered it relevant that rail industry is a safety critical industry, that onlookers would have been alarmed by the applicant’s actions and that train driver and observer were alarmed fearing the applicant might commit suicide – Commission found dismissal was neither harsh, unjust nor unreasonable – applicant not unfairly dismissed. Andersen v Brookfield Rail Employment P/L
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