[2025] FWC 2673
What happened
the Applicant was dismissed from Crushing Services International Pty Ltd in May 2024. The dismissal related to using his mobile phone at work, operating a vehicle with his phone, and completing truck re-torques without proper qualifications. the Applicant recorded conversations with supervisors, which was a factor in his dismissal. He had signed documents outlining mobile phone restrictions and acknowledging safety procedures. He claimed the policies were not consistently enforced and he was raising safety concerns about vehicles.
What was decided
The Fair Work Commission found the Applicant’s dismissal was not harsh but acknowledged inconsistencies in policy enforcement. The Commissioner noted the Applicant’s actions, including recording conversations and performing tasks without proper qualifications, contributed to the dismissal. While the company had policies regarding mobile phone use and re-torques, the Applicant argued these were not consistently followed. The Commission did not order reinstatement but considered the circumstances surrounding the dismissal.
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