Sydney trader sacked for working from Singapore without permission wins unfair dismissal case

A Sydney currency trader, Charles Graham, was terminated by HIFX Australia (Xe) in December 2023 for working from Singapore without obtaining prior approval. The Fair Work Commission ruled in favor of Graham, finding his dismissal to be an unfair dismissal, but declined to award him compensation. The commission's commissioner, Alana Matheson, stated that while Graham had a valid reason for his dismissal, the company's decision-making process was procedurally unfair.

Graham had been employed by Xe for 20 months and was required to get prior approval to work overseas and attend the office three times a week. He claimed he was in Singapore for a holiday and that there was no connection to his previous request to relocate to Singapore, which had been denied. Additionally, Graham stated that he had not been informed about specific policies regarding hybrid work and intended to inform his manager as soon as practicable when he logged on from Singapore.

Despite Graham's explanations, Xe found that he had committed a serious breach of company policy, failed to follow lawful instructions, and demonstrated a breakdown of trust and confidence. The company provided Graham with a termination letter detailing its findings, including the lack of flight screenshots, medical evidence for his partner, and an adequate explanation for not informing his manager about his presence in Singapore.

Graham appealed the decision, but the commission found that reinstatement was inappropriate, and decided not to award compensation, partly because his misconduct contributed to the decision to dismiss him.