In a recent decision the Fair Work Commission has found that a mining company unfairly dismissed an inexperienced mineworker who was involved in a mix up resulting in the loss of $200,000 in gold.
The Facts
The employee was employed as a pit technician in the geology team at a gold mine in Western Australia. She had been working in the mining industry for only 15 months and was previously a hairdresser and DJ.
On 7 January 2025 for her night shift the employee was provided by other members of her team with a dig map that marked an incorrect location.
In the early hours of 8 January 2025, using the map, the employee verified with an excavator operator the location to dig. The operator did not have a map or working GPS to cross reference the location. She and the operator agreed on the location according to the map.
It was later identified that the location was incorrect and, in consequence, ore containing gold with an estimated value of $200,000 was taken to waste piles rather than for processing.
The employee provided an incident report.
On 14 January 2025 letters with disciplinary allegations were sent to the employee and 2 others. The employee responded to the allegations, including by pointing out she was given an incorrect map.
On 22 January 2025 she was given notice of termination. Another employee was given a final warning. She applied for unfair dismissal.
The Decision
The Commissioner allowed the application, finding that:
- There was no valid reason for dismissal. She was the most junior member of the team and “the last line of defence in a chain of successive failures of systems and employees”. Also, the employee who was ultimately responsible for the loss of all the ore was given a written warning only.
- The allegations she was asked to respond to were significantly different to the reasons given in the termination letter. She was neither notified of the reasons for dismissal before the termination, nor given an opportunity to respond.
- She had not previously been warned about unsatisfactory performance and did not have a reasonable opportunity to address the concerns before the dismissal.
- The dismissal was harsh given her limited mining experience, financial circumstances as the income earner for herself and her child, and caring responsibilities for her child.
The Commissioner ordered 16 weeks’ pay as compensation which was about $30,000.
Implications
Where something goes wrong employers should carefully investigate to identify the true causes. Disciplinary outcomes should be assessed proportionately taking into account factors such as inexperience and unavailability of equipment or resources.
The case is also a reminder that employers should clearly notify the allegations and give the employee an opportunity for input before deciding about dismissal. If the reasons have changed it is usually recommended to notify the new allegations and have the employee’s input before making a decision.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.