[2025] FWC 169
Citation: [2025] FWC 169
What happened
Paul Conicella was employed by MSS Strategic Medical and Rescue Pty Ltd (MSS), providing medical and rescue services, including at a mine site. On 24 April 2024, while responding to an emergency call, Mr. Conicella drove at high speeds (initially 113 km/h in a 60 km/h zone) on a haul road. His access to the site was later withdrawn by the client, BMA. MSS offered him an alternative role, which he declined. MSS terminated his employment, citing frustration of contract and serious misconduct due to his speeding. Mr. Conicella denies misconduct and seeks reinstatement or compensation.
What was decided
The Fair Work Commission found that Mr. Conicella was unfairly dismissed. The Commission determined that MSS had a valid reason for dismissal, both due to the client withdrawing site access and due to Mr. Conicella’s serious misconduct. The Commission found that MSS properly notified Mr. Conicella of the reasons for his dismissal and provided opportunities for him to respond. The Commission rejected Mr. Conicella’s arguments that the dismissal was unfair, noting the seriousness of his actions and the lack of a clear policy regarding emergency driving procedures.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc169.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 →