[2025] FWC 142
Citation: [2025] FWC 142
What happened
the Applicant was employed as a Bus Driver by CDC NSW Region 4 Pty Ltd T/A CDC NSW from 2007 until his dismissal on August 7, 2024. The dismissal followed an incident in May 2024 where the Applicant reported a workplace injury. During an investigation, CCTV footage revealed he used his mobile phone while driving. He was issued a ‘Show Cause Notice’ for serious misconduct. A rescheduled ‘Show Cause Meeting’ was held after the Applicant requested further information, which was provided in a letter. the Applicant reported a shoulder injury and worked the following day without a medical certificate.
What was decided
The Fair Work Commission found that CDC NSW Region 4 Pty Ltd T/A CDC NSW had a valid reason to dismiss the Applicant for serious misconduct. The Commission considered the CCTV footage, the ‘Show Cause Notice’, and the subsequent letter providing further information. the Respondent’s policies and procedures were deemed lawful and reasonable. The Commission did not find the dismissal to be unfair.
What it means for employers
Employers should ensure their disciplinary processes are followed correctly, including providing adequate notice and opportunity for employees to respond to allegations. Clear policies regarding mobile phone use and workplace safety are essential, and employees must be trained on these policies. Investigations should be thorough and based on objective evidence.
What it means for employees
Employees should be aware of their employer's policies and procedures, particularly regarding workplace safety and mobile phone use. If an injury is reported, it's important to seek medical attention and provide appropriate documentation to the employer.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc142.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →