The Fair Work Commission Reinforces Procedural Fairness for Dismissals for Safety Breaches

An operator in New South Wales has been awarded $20,648 and the mandated statutory superannuation contributions after the Commission deemed the investigation procedures by the employer for two separate safety breaches was inadequate. 

The operator, who was required to operate 300 tonne machinery, provided a non-negative sample for Temazepam (medication to treat insomnia). The operator was allowed to return to work the same day. During the same shift, the operator has covered the driver-facing in-vehicle monitoring system camera for 25 seconds, whilst the machinery was in motion. During this time, he has washed his mouth with mouthwash and spat out the window.

The following morning in the camp’s carpark, a two-minute meeting was held to 'investigate the incident', with the operator being dismissed from his employment of over four years for the ‘primary reason’ of covering the camera. 

Please note that the operator did not seek reinstatement of employment in his application to the Commission.

The case reinforces the need for procedural fairness to be shown by employers, including when investigating potential employment dismissals for safety breaches.

Benjamin Unicomb v SESLS Industrial Pty Ltd [2025] FWC Case Note