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Fair Work Commission – Re-Determination of Safety Dismissal

Fair Work Commission – Background

A Fair Work Commission decision has been ordered a re-examination by a Full Bench of the FWC for the dismissal of an employee for his ‘nonchalance’ towards Work, Health & Safety obligations, lack of remorse after a workplace incident and failure to wear safety glasses.

As Commissioner Tanya Cirkovic did not make a finding in regard to the workplace incident, there was no valid reason to conclude the employee had been negligent in complying with safety requirements or failing to report the incident.

Fair Work Commission – Facts

In essence:

  • USG Boral Building Products Pty Ltd dismissed the employee for misconduct in March 2016 for repeatedly failing to wear safety glasses
  • the forklift operator had already received a first and final warning in December 2015 because he knocked a pallet of cornices off a truck and damaged approximately five tonnes of product and almost hitting a colleague
  • Commissioner Cirkovic concluded that the employee’s continual breaches of USG safety rules and directions to comply, warranted dismissal
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