Fair Work weighs valid reason against a string of HR missteps

The Fair Work Commission Full Bench has backed an employer's decision to sack a long-serving factory worker, despite finding serious flaws in how the dismissal was handled.

The decision, handed down on 29 April 2026 by Vice President Gibian, Deputy President Beaumont and Deputy President Slevin, refused permission to appeal an earlier ruling that had cleared ABC Tissue Products Pty Ltd of unfairly dismissing process worker Jamie Ngoc Tran after a workplace altercation.

Tran had worked at the NSW tissue manufacturer since 15 October 2007, starting as a cleaner before moving into a process worker role. By the time he was dismissed on 30 July 2024, he had clocked up nearly 17 years with the company, which employs approximately 700 staff.

The trouble began the night before. On 29 July 2024, Tran was involved in an incident with machine operator Sieng Khantey. Tran's account of the incident shifted between his two witness statements. In his first statement, he said another worker he referred to as "Trey" or "Tey" had twice tried to put a hand into his pocket asking to borrow $200, and that he waved his hand to tell the worker to stop because he believed the worker was trying to pick-pocket his wallet. In his second statement, provided after he had seen the CCTV footage for the first time, Tran said it was Khantey who had reached into his pockets, and that he pushed Khantey away by the chest. Khantey told managers...

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