TERMINATION OF EMPLOYMENT – misconduct – ss.385, 387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a Section Leader in respondent’s distribution centre – had worked for respondent for about 14 years – incident occurred at distribution centre on 17 March 2017 involving a forklift – applicant suspended from duties on 22 March 2017 – summarily dismissed on 5 April for serious misconduct involving his participation in a serious breach of safety incident and his responses to the employer’s investigation into that incident – applicant submitted incident did not justify summary dismissal – Commission considered s.387 of the Act – determined nature and severity of the misconduct did not provide a valid reason for summary dismissal – summary dismissal invoked where respondent was aware that applicant had performed work without restriction following the particular misconduct event – in these circumstances, respondent deprived of capacity to dismiss without notice – valid reason for dismissal with notice would have existed – inconsistent treatment of individuals who participated in and observed incident and absence of any consideration of penalty other than dismissal also relevant – held summary dismissal was unreasonable and unjust – applicant unfairly dismissed – applicant sought reinstatement – reinstatement not appropriate – limited compensation appropriate remedy – compensation of $6898 – order to be issued. Marangon v Queensland Property Investments P/L
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