TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent places employees with host companies – contract of employment between applicant and respondent specifically referenced the undertaking of work on a project (Pyrenees Venture) – applicants host employer was BHB Billiton Petroleum Inc (BHPB) – incident occurred on 30 October 2015 which BHPB characterised as a ‘near miss’ – BHPB contacted respondent and requested that the applicant be removed from the Pyrenees site and excluded from work associated with the Pyrenees – respondent made endeavours to find an alternative placement for the applicant but none were available – the union in conjunction with the respondent sought expressions of interest from other employees as to a swap/transfer which was unsuccessful – respondent terminated applicants employment – satisfied applicant was a person protected from unfair dismissal – satisfied applicant was dismissed – whether termination was harsh, unjust or unreasonable considered – termination not related to capacity or conduct – applicant was notified of reason – no evidence of unreasonable refusal to all a support person – termination did not relate to unsatisfactory work conduct – found applicant employed specifically to work on the Pyrenees project – commercial contract between respondent and BHPB gave the latter specified rights as to who was permitted to work on the Pyrenees project – respondent made endeavours to find alternative employment – not satisfied dismissal was harsh, unjust or unreasonable – application dismissed – order issued. Pettifer v MODEC Management Services Pte Ltd
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