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Disobedient miner has his unfair dismissal claim rejected

Unfair DismissalDecember 1, 2014

Disobedient miner has his unfair dismissal claim rejected (Last Updated On: December 1, 2014)

A miner who was caught smoking and sleeping underground has been fairly dismissed. The Fair Work Commission found that the miner, Dean Harrison, who worked on the Golden Grove Project in Western Australia for over 14 months mining gold had “no reasonable prospect of succeeding in his application” of unfair dismissal.

Mr Harrison had received several warnings over a 12 month period. His site contractor Redpath Australia issued both verbal and written warnings when Harrison was late for work on a number of occasions.

Mr Harrison’s defence for being late was that he was “turning up for work – both times within a matter of like 10 or 15 minutes so I just missed my lift and I was on the next bus”. He told the courts that “just for the collective group of the things I’ve been terminated for I feel harshly treated.” The Deputy President of the Fair Work Commission found that that Mr Harrison had not adequately shown good cause why he should not have been dismissed.

Redpath Australia correctly followed the right employment procedures throughout the termination of Harrison. By issuing written warnings and clearly identifying the wrongdoings to the employee Redpath had the grounds to terminate the employee.

Employers, in order to ensure your employees are safe at work and behaving appropriately, policies and procedures need to be put in place. A no smoking policy for example, in this case, was to look out for the wellbeing of not only the individual but everybody in the mine. It meant that the employer had the authority to implement disciplinary action and issue the employee with written warnings.

If you would like to ensure that you have the correct policies and procedures implemented in your particular workplace fill in the form below. We understand that every workplace is different and requires different policies, Employsure is your answer to better work practices and employment relations.

*Information sourced via the AMR Australian Mining Review website.

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