TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – applicant dismissed following an erroneous statement posted on Facebook about whether the respondent would operate on Christmas Day and Boxing Day – Commission took into account the applicant’s communication with other workers and circumstances surrounding the post – found it was based on third hand knowledge only and not based on communication from an authorised person – authorisation was not sought prior to making the post – post had the potential to cause confusion amongst workers and/or was intended to disrupt operations on Christmas Day and Boxing Day – substantial breaches of the respondent’s ‘Code and Charter Values’ – Commission found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Waters v Mt Arthur Coal P/L t/a Mt Arthur Coal P/L
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