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An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.

According to Commissioner Paula Spencer, the HRBP struggled to relate the definition of "confidential information" under the employer's confidentiality agreement to the employee's conduct.

The M People (Qld) Pty Ltd dump truck operator, who worked at the Carmichael Mine, claimed her dismissal for serious misconduct was unfair.

But the employer alleged she had breached its privacy policy, confidentiality agreement and employment agreement, when she "knowingly disregarded" instructions not to obtain employee information, and then disseminated that information in an email...