Brisbane. Technician dismissed after coal site complaints about unsafe driving wins unfair dismissal case, with the Commission finding the employer failed to properly investigate before sacking him.
Where: Brisbane
Case name: Irfan Shaik v Field Solutions Group [2025] FWC 2094
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Irfan Shaik, a Managed Service Support Consultant at a mining contractor for Kestrel Coal
What: Dismissed for alleged speeding and unsafe driving in a company car
Outcome: FWC found dismissal harsh and unjust. Compensation of $22,461.54 awarded.
Legal Principle/s:
• Employer failed to prove serious misconduct.
• Allegations were vague and unsupported.
• Summary dismissal was disproportionate without a proper investigation or chance to respond meaningfully.
Commentary:
This case shows that even with repeated informal complaints, dismissal must be based on solid evidence. Without clear proof and a fair process, dismissal will likely be found unfair.
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