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In a recent Fair Work Commission decision, an employee was awarded nearly $7,000 compensation due to errors in procedural fairness, despite the employee being found to have engaged in misconduct, including distribution of pornographic material in the workplace and driving infringements.
In issue
- The Fair Work Commission (FWC) considered whether a dismissal for alleged serious misconduct was unfair, harsh, unjust or unreasonable.
The background
Mr Thomas was employed by Bin Boy Environmental Pty Ltd (Bin Boy).
During his employment, Mr Thomas engaged in various objectionable conduct, which included:
- distributing pornographic material into other drivers’ trays in a staff area
- incurring two speeding fines driving company vehicles whilst he was under a 12-month good behaviour bond due to excessive demerit points
- texting whilst driving company vehicles, and
- complaining about safety communications in a workplace group chat used to notify employees of safety concerns.
On 13 November 2025, Bin Boy dismissed Mr Thomas for serious misconduct effective immediately. The termination letter did not specify the conduct alleged against Mr Thomas but instead referred to 'a review of recent incidents and your conduct.'
The decision at trial
The FWC accepted that all of the conduct occurred as alleged by Bin Boy. Furthermore, the FWC held that the conduct of distributing the pornographic material, speeding, and texting in the company vehicles were matters that would be valid reasons for dismissal.
However, the FWC held that Mr Thomas had not been warned that Bin Boy proposed to dismiss him for any of the above reasons, and so he did not have any opportunity to respond to them or provide explanations.
The FWC held that the dismissal was therefore procedurally unfair and, as such, an award of compensation was appropriate. The FWC ordered that Bin Boy pay four weeks’ compensation, discounted by the payment in lieu of notice already paid to Mr Thomas to the amount of $6,676.
Implications for employers
This decision highlights that even where an employer has valid reasons to dismiss an employee, a failure to follow a proper, procedurally fair process may render the dismissal unfair. Employers should ensure employees are clearly notified of the reasons for dismissal and given a genuine opportunity to respond before any termination decision is made. Failure to do so creates a real risk of a compensation award for unfair dismissal.
Mr Daniel Thomas v Bin Boy Environmental Pty Ltd [2026] FWC 917
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