War­wick Ryan Fea­tured in Smart­com­pa­ny on Kim­ber­ley Ports Author­i­ty Unfair Dis­missal Case

Employ­ment law spe­cial­ist War­wick Ryan has been cit­ed in a recent Smart­com­pa­ny arti­cle regard­ing the sack­ing of a work­er at Kim­ber­ley Ports Author­i­ty, who drove a fork­lift whilst under the influ­ence ear­li­er this year.

The Fair Work Com­mis­sion approved the Port’s deci­sion, stat­ing that the like­li­hood of employ­ee Lee Ward mak­ing a ​‘gen­uine mis­take’ was low giv­en the strength of his read­ing (0.026%). As a result, the FWC deduced that Ward’s intent placed both him­self and his co-work­ers in dan­ger, which was a sack­able offence.

Yet accord­ing to War­wick Ryan, the biggest ​‘influ­ence’ on this case was the rigour of the Port Author­i­ty’s work­place poli­cies. Not only had Ward agreed to abide by the pol­i­cy, but the com­pa­ny helps staff by pro­vid­ing the option to test them­selves before com­menc­ing work. Ryan also empha­sis­es the sig­nif­i­cance of the FWC’s hard-line stance, espe­cial­ly in cas­es regard­ing inher­ent­ly dan­ger­ous workplaces.

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