[2025] FWC 702
Citation: [2025] FWC 702
What happened
the Applicant 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. The Applicant’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. the Applicant 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 the Applicant. While performance concerns existed, Redpath failed to follow a proper process, including issuing a performance improvement plan (PIP) or providing the Applicant with warnings. The Commission noted that the Applicant’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 the Applicant was awarded compensation.
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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 →