the Applicant v Sydney Trains
Citation: [2020] FCA 1521
At a glance
- Employees affected
- 2
What happened
the Applicant was employed by Sydney Trains as a Team Leader for about 34 years. In August 2015, his work team was involved in two safety incidents on railway lines: at Allawah, where a warning light was missed and a team member had to jump to avoid an approaching train, and at Kogarah, where a team member narrowly avoided an approaching train. An external investigator found the Applicant at fault for failing to follow safety procedures. Sydney Trains dismissed the Applicant in November 2016.
What was decided
the Applicant filed an unfair dismissal application in the Fair Work Commission, which was dismissed in June 2019. He appealed to the Federal Court arguing the Commission failed to properly consider his submissions about being treated differently than others. The Federal Court found no jurisdictional error, as the Commission properly satisfied itself the dismissal was not harsh, unjust or unreasonable.
What it means for employers
Employers can dismiss long-service employees for serious safety breaches where investigations substantiate fault. Courts will not intervene in unfair dismissal decisions unless the Fair Work Commission constructively failed to exercise its jurisdiction.
What it means for employees
Long service and good history do not protect an employee from dismissal for serious safety violations. Unfair dismissal remedies are limited and do not guarantee reinstatement.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca1521Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →