FWC upholds termination despite worker's clean employment record
30 Apr 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a maintenance technician with over 40 years of experience who was dismissed following multiple safety breaches during a single shift.
The worker argued that his dismissal was harsh, pointing to his unblemished employment record spanning nearly six years with the employer.
He also contended that fatigue played a role in his actions, as it was his first day back following a seven-week break for a work-related injury, and that other employees who committed similar breaches received less severe penalties.
Despite these arguments, the case ultimately hinged on whether the worker's multiple safety violations justified termination, especially given his senior role as a crew trainer responsible for teaching others the very safety procedures he had failed to follow.
The worker was employed as a maintenance technician at Bengalla Mining Company's open cut coal mine in Muswellbrook, New South Wales. He was dismissed in December 2024 for isolation-related failures that occurred during a night shift in November 2024.
The incidents took place on the worker's first day back after recovering from a work-related injury. He had returned on "light duties" with the understanding he would perform crew training rather than hands-on maintenance work.
During his shift, the worker breached...
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