[2025] FWC 142
Citation: [2025] FWC 142
What happened
Manjeet Singh 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 Mr Singh 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 Mr Singh requested further information, which was provided in a letter. Mr Singh 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 Manjeet Singh 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.
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?
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This summary was drafted by AI 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 →