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; the team of workplace representatives 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.
Our workplace specialist 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.
If you are in need of support for your dismissal claim against your employer get in touch with our team here at AWDR.
Source: Fair Work Commission: Wardle v Hamersley Iron Pty Ltd
