Mr Wardle was employed by Hamersley Iron Pty Ltd (a subsidiary of Rio Tinto) from April 2004 until 26 October 2012 for an alleged safety breach.
Despite being up against one of the country’s largest companies, fighting a tough battle; A Whole New Approach pursued the matter on behalf of Mr Wardle. Even though we were fighting against the odds we supported the applicant in his quest for justice.
AWNA argued that Mr Wardle’s actions did not amount to a safety breach, and in the alternative, Mr Wardle’s actions were so minor that they would not warrant dismissal.
Despite pointing out several flaws with the Respondents’ arguments, unfortunately on 4 April 2013, Commissioner Williams found that on the balance of probabilities, Mr Wardle’s dismissal was fair and dismissed his application.
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Source: Fair Work Commission: Wardle v Hamersley Iron Pty Ltd
