Implementing effective workplace policies

A recent unfair dismissal case in the Fair Work Commission (the "FWC") found that an employee who had breached a workplace policy was not dismissed unfairly. The employee argued that his breach of the workplace policy was justified due to a perceived safety risk. The case serves as a reminder about the importance of implementing effective workplace policies as not all workplace policies will be considered "reasonable" before the FWC.

The facts

The FWC case involved a bus driver who failed to follow the Transit (NSW) Services' ("Transit") workplace policy as he perceived there was a safety risk. The driver refused the entry of three unaccompanied children on his bus because they had no money for fares. After observing one child concealing a metal rod (about the size of a pen) in his pocket, the driver told the children they needed an adult to accompany them and suggested other means to get to their intended location. He also threatened to call the police after