TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant involved in incident on way home from work in company vehicle – fellow employee in vehicle – applicant’s employment terminated with immediate effect following investigation – reinstatement sought – respondent contended dismissal was for a valid reason and not unfair – whether sufficient connection between out of working hours conduct and applicant’s employment – whether applicant’s conduct constituted misconduct – out of hours conduct must have a relevant connection to the employment relationship to be considered a valid reason for dismissal [Kedwell v Coal & Allied] – Commission satisfied relevant and sufficient connection – conduct took place in company vehicle with respondent’s details on while wearing shirt with company logo – conduct contrary to reasonable policy and instructions from respondent – misconduct found – valid reason for dismissal – dismissal procedurally fair – competing considerations as to whether dismissal was harsh – on balance dismissal not harsh, unjust or unreasonable – application dismissed. Iannella v Engie Fire Services Australia P/L t/a Engie Services
