Breaching workplace safety: valid reason for dismissal

In a recent decision of Hanley v Stramit Corporation Pty Ltd t/as Stramit Building Products [2016] FWC 1150 (Hanley Case) the FWC held that it was not unfair dismissal to end the employment of an employee who had breached his employer's health and safety requirements.

Lessons for employers - keep health and a safety a top priority

As a result of the Hanley Case:

• The importance of health and safety in the workplace should not be treated lightly. Often employers are reluctant to act for fear of claims by employees, however claims and criminal prosecutions (including fines up to $3,000,000 or even imprisonment) for breaches of health and safety laws should be an important consideration to weigh up (see our earlier article - WHS update – turning a blind eye to risks or being too blunt / "full on" can be costly in more ways than one)