Unfair Dismissal Over Speeding Allegations Fails: FWC Finds No Valid Reason for Firing

A Field Solutions Group employee has won his unfair dismissal case after being sacked over vague and unsubstantiated allegations of speeding in a company car. The Fair Work Commission found that the termination was harsh and unjust. The employee, who worked on-site at a coal mine in Queensland, was placed on “gardening leave” in October 2024 following verbal complaints about his driving. He denied speeding and argued that no warnings, emails or formal records were ever shown to him.

The employer claimed the dismissal was for “serious misconduct” but failed to attend the hearing, submit any documentary proof, or provide the interview transcript they referred to. The Commission found that the employer never conducted a proper investigation, never substantiated the allegations, and never provided a valid reason for the dismissal. Instead, the same vague complaints were repeated nearly three months later in the termination letter, without any new evidence. The Commission was also critical of the summary dismissal process, especially given that the employee was left on gardening leave for months and had to use his own leave entitlements during that time.

What this case shows is that employers must provide clear evidence and a valid reason for dismissal. Allegations alone aren’t enough, and a long delay between allegations and dismissal, without a proper investigation, can make a dismissal harsh and unjust.