A Sydney currency trader has won an unfair dismissal case after being sacked for working from Singapore without permission, though he was not awarded compensation.
The Fair Work Commission ruled on Wednesday that Charles Graham was unfairly dismissed by HIFX Australia, trading as Xe, in December last year. Graham had been dismissed after an IT worker tracked his laptop's IP address, revealing he was working from Singapore. It was also discovered he had previously worked from Bali.
Xe stated Graham knew he needed prior approval to work overseas and was required to attend the office three times a week. Graham claimed he was holidaying in Singapore when his partner became ill, preventing his return to Australia. He had previously been denied a request to relocate to Singapore.
Commissioner Alana Matheson found that while there was a valid reason for dismissal, the process followed was procedurally unfair because Xe failed to fully raise the matters it relied upon. Matheson decided against awarding compensation, partly due to Graham's misconduct contributing to the dismissal, and he had received four weeks' pay in lieu of notice.