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Employee had 'unambiguous' duty to report serious charges
A long-serving employee who was legally advised to "hold off" on reporting criminal charges to his employer has lost his unfair dismissal claim, with the Fair Work Commission finding his code of conduct obligations were "unambiguously" clear.
The worker had been employed by Sydney Trains for 37 years until he was dismissed in October last year for failing to "immediately" report 12 "serious" criminal charges, as was required by its code of conduct.
In unfair dismissal proceedings, Commissioner Donna McKenna heard that Sydney Trains was unaware of the drug and weapon charges until it received an anonymous tip-off 11 months later...
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