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ARTICLE · 08 APRIL 2026

Process Matters In Unfair Dismissal

Barry Nilsson
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In a recent Fair Work Commission decision, an employee was awarded nearly $7,000 compensation due to errors in procedural fairness, despite the employee being found to have engaged in misconduct, including distribution of pornographic material in the workplace and driving infringements.

AustraliaEmployment and HR
Lisa Schumacher
Lisa Schumacher
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In a recent Fair Work Commission decision, an employee was awarded nearly $7,000 compensation due to errors in procedural fairness, despite the employee being found to have engaged in misconduct, including distribution of pornographic material in the workplace and driving infringements.

In issue

  • The Fair Work Commission (FWC) considered whether a dismissal for alleged serious misconduct was unfair, harsh, unjust or unreasonable.

The background

Mr Thomas was employed by Bin Boy Environmental Pty Ltd (Bin Boy).

During his employment, Mr Thomas engaged in various objectionable conduct, which included:

  • distributing pornographic material into other drivers’ trays in a staff area
  • incurring two speeding fines driving company vehicles whilst he was under a 12-month good behaviour bond due to excessive demerit points

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