Valid reason met, dismissal still unfair - what the Commission flagged
Sleeping on the job cost a Sydney security guard his job. A tribunal says the sacking went too far.
The Fair Work Commission has ordered MSS Security Pty Limited to pay compensation to a former security surveillance officer summarily dismissed after being found asleep in his car on an overnight shift, in a decision handed down on May 19, 2026.
Chanaka Ranawakage worked nights for MSS on its Sydney Trains contract, patrolling rail property to deter trespassers and graffiti. On October 13, 2025, around 1:00am, a supervisor found him asleep in his personal vehicle at Waverton Station with a sports match playing on his phone. MSS terminated his employment on October 22, 2025 for serious misconduct.
Deputy President Wright agreed MSS had a valid reason to dismiss. Ranawakage's contract listed sleeping at work as grounds for summary dismissal, and the company's standing instructions described it as "one of the most serious offences an employee can commit." Shown the supervisor's video at the disciplinary meeting, Ranawakage accepted he had been asleep.
Even so, Wright found the dismissal harsh and unjust. The reasoning is the part HR leaders will want to read closely.
First, the conduct was not deliberate. Ranawakage had been on his crib break when he fell asleep, and the Commission accepted he was permitted to watch sport on his phone during a break as long as he could respond to camera alerts. MSS confirmed...
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