FWC examines whether dismissal was fair after multiple system failures
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a pit technician who was terminated following an incident that resulted in significant gold ore loss at a Western Australian mine site. The case centred on whether the worker's dismissal was justified given her role in the mining error.
The worker argued that she was unfairly dismissed after being blamed for a mining incident that occurred due to systematic failures and errors by multiple employees, including more senior and experienced staff members. She maintained that she followed proper procedures with the information and equipment available to her during her night shift duties.
The employer disputed these claims, arguing that the worker failed to exercise due diligence in verifying the correct mining location and that her actions directly contributed to the loss of valuable gold ore.
The worker started employment as a pit technician in October 2023 at a gold mining operation. She had a background in hairdressing and DJing, with only 15 months of experience in the mining sector. Pit technicians were the lowest in seniority and typically the least qualified members of the geology team.
On 7 January 2025, an incident occurred involving the wrong mining location being marked out by three other members of the geology department during day shift. A pit technician, mine geologist and surveyor...
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