A Sydney currency trader who was sacked for working from Singapore without permission has won an unfair dismissal case, but failed to receive compensation. The Fair Work Commission ruled on Wednesday that Charles Graham had been unfairly dismissed by HIFX Australia, trading as Xe, in December last year.
How the Remote Work Violation Was Discovered
Graham was sacked after his manager asked an IT worker to use his “FBI skills” and track the IP address on Graham’s laptop. They discovered he was working from Singapore. It was also later discovered he had previously worked from Bali after telling his manager he was working from home because he had a plumber “coming around to sort out some recurring bathroom issues”.
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Graham was sacked as Xe found he knew he had to get prior approval to work overseas and was to attend the office three times a week. He said he had been holidaying in Singapore before his partner became ill with a bacterial infection, preventing him from returning to Australia. He provided documentation, which he said showed his partner required medical treatment. Graham had previously asked Xe if he could relocate to Singapore, but his request was denied.
Fair Work Commission's Ruling on Unfair Dismissal
Fair Work Commission commissioner Alana Matheson said that after the company sent an email to Graham advising him of its discovery on 17 November last year, the “tone … had clearly pivoted” by the following day, when he was told “there was a case to answer regarding his overseas work”. Matheson found that Graham’s dismissal was harsh and unjust because Xe had not given him a chance to respond to the allegations before firing him.
However, Matheson decided not to award compensation because Graham’s misconduct contributed to his dismissal. She noted that Graham had been dishonest about his whereabouts and had breached company policy.
Key Takeaways for Employers and Employees
- Remote work policies must be clear and consistently enforced.
- Employees should seek prior approval before working from overseas.
- Employers must follow fair dismissal procedures, including giving employees a chance to respond.
- Dishonesty about work location can impact compensation even if dismissal is unfair.
Comparison: Unfair Dismissal vs. Fair Dismissal
| Aspect | Unfair Dismissal | Fair Dismissal |
|---|---|---|
| Reason | Harsh, unjust, or unreasonable | Valid reason based on conduct or capacity |
| Procedure | Lack of procedural fairness | Followed proper process |
| Compensation | May be awarded | Not applicable |
| Example | Graham’s case | Employee stealing from company |
FAQ
What is unfair dismissal?
Unfair dismissal occurs when an employee is dismissed in a way that is harsh, unjust, or unreasonable, or when the dismissal is not consistent with the Small Business Fair Dismissal Code.
Can I work overseas without approval?
Generally, no. Most employers require prior approval for overseas work due to tax, legal, and security implications. Always check your employment contract and company policies.
What should I do if I face unfair dismissal?
You should seek legal advice and consider filing an unfair dismissal claim with the Fair Work Commission within 21 days of your dismissal.
This case highlights the importance of clear communication and adherence to company policies in remote work arrangements. Both employers and employees must understand their rights and obligations to avoid similar disputes.
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