[2025] FWC 702
What happened
Ricki Quayle was employed as a Driller by Redpath Contract Services Pty Ltd from 17 August 2023, until his dismissal on 12 September 2024. He worked at the Peak Project in Cobar, New South Wales, operated by Aurelia. Quayle’s dismissal followed the revocation of his site clearance by Aurelia due to performance and attendance issues. He had recently taken bereavement and sick leave. Quayle argued that his absence was approved and he received no prior performance warnings. Redpath is an international mining contractor providing services to clients like Aurelia.
What was decided
The Fair Work Commission found that Redpath did not have a fair reason for dismissing Ricki Quayle. While performance concerns existed, Redpath failed to follow a proper process, including issuing a performance improvement plan (PIP) or providing Quayle with warnings. The Commission noted that Quayle’s absence on bereavement leave may have been a factor in Aurelia’s decision to revoke his site clearance. The dismissal was deemed unfair, and Quayle was awarded compensation.
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