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It was reasonable for an employer to be concerned about an employee's criminal charges and their potential implications for its female workers' safety, but it wasn't fair to dismiss him over them, the Fair Work Commission has ruled.
At the time of his dismissal, the employee maintained his innocence and hadn't been convicted, Commissioner Sarah McKinnon said, finding it was "premature" for the employer to rely on the charges as a dismissal reason.
The employee had been working as a pilot boat operator with Engage Marine in Bowen, Queensland prior to his sacking in December last year.
In unfair dismissal proceedings, the Commission heard that the employee was arrested on 19 August 2025 and held on remand...
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