TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant engaged as a Health Professional (Paramedic) – worked at the Mount Arthur Coal Mine operated by BHP – respondent was contracted by BHP to provide onsite drug and alcohol testing of workers and contractors engaged at the Mine – two incidents of alleged inappropriate conduct of the applicant during workplace drug and alcohol testing procedures – applicant included BHP in correspondence regarding employment matters between the applicant and the respondent – applicant dismissed by respondent after Mine site access removed by BHP – Commission found reasons given for dismissal could represent valid reason however no evidence to support them – found stated reasons for dismissal did not represent the true reason for dismissal – actual reason for the dismissal was the removal by the respondent’s client (BHP) of Mine site access for the applicant – exercise of a contractual right of a third party – found dismissal of the applicant was without valid reason involving established misconduct or capacity inadequacy – involved an entirely unjust and unreasonable process – found dismissal was harsh, unjust and unreasonable – ordered compensation of $7,648. Hocroft v Verifact P/L
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