A sweeping review of workplace health and safety in Queensland was prompted by the investigation into two multiple fatalities which took...
Two miners have been reinstated after the Fair Work Commission found that the mining giant BHP Billiton Mitsubishi Alliance had unfairly dismissed them. BHP introduced a mobile phone policy prohibiting minors from using their mobile devices whilst on work sites. The policy which is called Mobile Electronic Device Procedure was implemented to ensure employees were “not exposed to an unacceptable level of risk” to themselves or others.
However, there were detrimental flaws in the implementation of the policy…
Whilst working on the site one of the miners, Luke Faulkner, posted a Facebook status on his page and was caught out by his employer, who was friends with him on the social media site. It was deemed obvious that the post was written whilst he was on working and as a result, Faulkner was dismissed after 15 years of employment.
A second employee, Shannon Boal, was also dismissed after his phone was found in the cabin of his work truck. Both employees were carrying their mobile phone devices on site and were consequently fired. The employees were represented by the Construction, Forestry, Mining and Energy Union in court. The union argued that the policy which was implemented in November of 2013, was “not clearly written or was implemented as a zero-tolerance policy”. The union also argued that the “employees had not been adequately trained in the operation of the new policy”. The policy was found to be flawed and both workers were reinstated.
Employment policies if implemented or changed need to be thorough, employers need to clearly outline with exact detail and regulations of each policy so that they are followed accordingly. Once the policy is implemented employers need to ensure that all employees are fully aware of these changes and are trained if necessary.
If you would like to implement any mobile phone policies or need guidance on the addition of workplace policies and procedures call Employsure today on 1300 651 415 or fill in the form below. Employsure can help you to implement policies correctly and guide you on the best ways see the results of these policies for your business, we are ready to take your call today.
*Information sourced via Sydney Morning Herald Business Day