Employer says worker stated he made an assessment and deemed circumstances safe enough for him

The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was employed as a scaffolder. On 27 March 2025, the worker filed an application seeking a remedy for an alleged unfair dismissal.

The termination was on the grounds of serious misconduct involving a breach of safety. The employer initially raised a jurisdictional objection but later withdrew it.

The worker was a 47-year-old scaffolder who commenced employment as a site supervisor on a full-time permanent basis. At the worker's own election due to his caring responsibilities, he converted to casual employment in late 2021 and started working as a casual leading hand.

Safety breach and dismissal process

On 3 March 2025, the employer observed the worker working in an unsafe manner on the project.

Meetings were conducted between a branch manager, a construction supervisor, and the worker on 4 and 6 March 2025 in relation to the worker's alleged safety breach.

The worker was dismissed with immediate effect at the conclusion of the 6 March meeting on the grounds of serious misconduct.

The employer's safety requirements mandated that a scaffolder must have a full platform of decking with no missing boards, not more than 1 metre below the height at which they were working.

The purpose was to ensure that a scaffolder did not work at heights without a full platform below them to provide...

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