ARTICLE · 03 MARCH 2012

Improper procedure but a valid dismissal

Moray & Agnew

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Despite procedural deficiencies, a termination of employment is upheld.

AustraliaEmployment and HR

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Desmond Robert Howard Anthony v Orbit Drilling Pty Ltd [2012] FWA 309

Desmond Anthony was the Safety & Training Manager at Orbit Drilling Pty Ltd (Orbit) from September 2010 through to his termination on 19 April 2011. Mr Farr, Orbit's Operations Manager, appeared on their behalf and Mr Anthony was self represented.

Mr Anthony's evidence was that half an hour prior to finishing his shift, he was summonsed into Mr Farr's office and told that he was fired because he did not stay at the correct accommodation camp. Mr Anthony denied having ever been instructed to stay at one particular camp or being advised of any misconduct. Mr Anthony also alleged no dispute resolution procedure was implemented to deal with Orbit's grievances, he did not receive any warning, and there was no legitimate reason to terminate his employment.

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