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An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.

The MSS Strategic Medical and Rescue emergency response supervisor had been working at a BMA site in April last year when the latter company revoked his access to its mine.

MSS stood him down while it investigated, and ultimately sacked him.

In unfair dismissal proceedings, the Commission heard that while responding to a fire at the site, the employee drove 113km per hour in a 60km zone. After he had been advised there was no threat to life and the fire was extinguished, he continued to drive at 90km per hour...