Log in or become a subscriber

It would be "unconscionable" to allow an employer to dismiss a group of employees for misconduct after an "arbitrary and unfair" investigation, a Fair Work Commission full bench has ruled.

The case dates back to a whistleblower report Ausgrid received in 2020, alleging employees were inappropriately accumulating overtime and "signing on" for shifts while remaining at home.

After comparing 150 employees' in-vehicle monitoring system data and attendance records, the employer accused eight district operators and two operating district supervisors of timesheet fraud, and asked all but two to show cause as to why they shouldn't be sacked.

The CEPU subsequently applied to the FWC to deal with a dispute, arguing discipline was unjustified, as managers "either expressly or tacitly approved of" employees remaining at home while awaiting assignments...