TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed on basis that he breached relevant safe work procedure of operating a dozer (Dozer SWP) in three ways – respondent argued one of the ‘Must Do’ safety rules in the Dozer SWP is ‘obey the 50-30 rule at all times’ – applicant found to have breached procedure in a substantial way – applicant failed to ensure clear precise positive communications used whilst conducting operations – Commission found applicant’s breach of Dozer SWP provided a sound, defensible and well-founded reason for dismissal relating to his conduct – applicant involved in four previous safety incidents during his period of employment – found valid reason for applicant’s dismissal – application dismissed. Garland v Wambo Open Cut P/L
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