"Unfair" Sacking For Breaching Safety Rules!

Courts and industrial tribunals have long held that serious breaches of safety rules are grounds for dismissal. A recent NSW case found that a dismissal for breaching a "cardinal rule" twice within three weeks was unfair, providing a reminder of the need to consider all the circumstances prior to terminating employment.

Leonard’s Case [2007] NSWIRComm 1023

Leonard had been an employee of a manufacturing company.

The company has a set of safety rules, known as "Cardinal Rules" that were displayed on notice boards. They required employees to ensure their actions would not cause injury to others, by following isolation procedures and not doing anything unsafe. There was a warning that breach of these rules would result in disciplinary action. There was no clear indication about the penalty.