Dismissal – Mobile phones

[2014] FWC 9331 Qld Boal v BHP Coal (the A, who worked on mine site, “knowingly breached the Respondent’s procedure by having a mobile phone in his truck cabin. The procedure is a serious procedure, for the maintenance of health and safety of the Respondent’s employees and operations” @100 – valid reason for dismissal – dismissal harsh etc though, as amongst other things, dismissal decision “relied on broader allegations (than those notified in the show cause letter). The letter also referred to the consideration of a wider set of issues that were taken into account in making the decision to dismiss. These other issues relied on were not communicated with any clarity to the Applicant. There were significant differences to the reasoning in the show cause and the dismissal. This provided a series of procedural discrepancies that made the process unfair for the Applicant” @101)