Fair Work Commission Rules Currency Trader Unfairly Dismissed
The Fair Work Commission ruled that HIFX Australia unfairly dismissed currency trader Charles Graham for unauthorized remote work, though it denied him financial compensation.
The Fair Work Commission ruled that HIFX Australia, trading as Xe, unfairly dismissed currency trader Charles Graham after discovering he worked from Singapore without authorization. The company identified Graham's location by tracking his laptop IP address and subsequently found he had previously worked from Bali while claiming to be at home for plumbing repairs.
Graham argued that a partner's bacterial infection prevented his return from a Singapore holiday and that urgent work tasks took priority over notifying his manager. Commissioner Alana Matheson determined that while the company had a valid reason for the dismissal, the process was procedurally unfair because the employer failed to fully raise all matters relied upon for the termination.
Despite the finding of unfair dismissal, the commission denied Graham compensation. The ruling cited his misconduct and noted that he had already received four weeks of pay in lieu of notice.