TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission held that employer had a valid reason for dismissal, and that whilst employee had a dismissive attitude to attempts by employer to implement improved health and safety standards, the dismissal was harsh and unjust – compensation of $11,507.16 ordered – permission to appeal was granted on transcript – grounds of appeal included that the Commissioner erred in finding that a positive blood alcohol content test would lead to a stand down of an employee and not a dismissal under the company’s Drug and Alcohol Policy, and failing to appreciate that the decision to dismiss employee was based on a loss of trust and confidence in his ability to comply with all safety policies, rather than a sanction for breaches of safety policies – Full Bench found that there did not appear to be a clear link between the findings made by the Commissioner and the outcome reached – the Commissioner’s ultimate decision appeared to be counter-intuitive – decision of the Commissioner attended by appealable errors – appeal allowed – on re-determining the application the Full Bench decided that dismissal was not harsh, unjust or unreasonable – application dismissed. Appeal by Metro Quarry Group P/L against decision of Bissett C of 29 September 2015 [[2015] FWC 6472] Re: Ingham.
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