悉尼外汇交易员查尔斯·格雷厄姆因未经批准从新加坡远程工作遭Xe公司解雇,公平工作委员会于周三作出裁定,认定该解雇程序不公正1。尽管委员会专员Alana Matheson承认公司拥有充分的解雇理由,但指出雇主未能在解雇前充分陈述所有依据,违反了正当程序1。
去年11月17日,Xe公司通过追踪格雷厄姆笔记本电脑的IP地址发现他身在新加坡1。根据公司政策,员工需要事先获批方可在海外工作,并需每周到办公室三次1。格雷厄姆曾请求调至新加坡工作但被拒绝,此前他也从巴厘岛工作过,理由是家中管道问题1。公司于去年12月2日向其发出解雇信,结束了格雷厄姆在Xe的20个月工作期1。
尽管委员会认定解雇程序存在缺陷,但考虑到格雷厄姆的不当行为对解雇决定有所贡献,且他已获得四周遣散费,最终拒绝向其颁发额外赔偿金1。
A Sydney foreign exchange trader has prevailed in an unfair dismissal case after being terminated by currency exchange firm Xe for working remotely from Singapore without authorization.1 The Fair Work Commission ruled on Wednesday that while the company had valid grounds to dismiss Charles Graham, the dismissal process itself was procedurally unfair because the employer failed to adequately present all the reasons for the termination.1
Graham was fired in December after the company discovered through IP address tracking of his laptop that he was working from Singapore rather than the Sydney office.1 Xe's employment policy requires staff to obtain prior approval before working overseas and mandates three days per week in the office.1 Graham had previously requested a transfer to Singapore but was denied, and the company's records show he had also worked from Bali on another occasion, claiming a plumbing issue at home.1 The company discovered the unauthorized work on November 17 and issued a termination notice on December 2.1
Despite finding the dismissal procedurally improper, the Fair Work Commission declined to award Graham compensation, determining that his misconduct contributed to the dismissal decision and that he had already received four weeks of severance.1 Graham had worked at Xe for 20 months at the time of termination.1 Fair Work Commissioner Alana Matheson oversaw the case.1
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