A recent decision in the Fair Work Commission has reinforced that having an employee sign a workplace policy does not in itself give rise for an employer to rely on their signing to enforce a breach of the workplace policy.

What Happened?

On 15 July 2025, a Queenslander won her right to reinstatement after the Fair Work Commission (FWC) found she was unfairly dismissed. The applicant, Ms Callow worked in a mine site as a dump truck operator, and her employment was governed by an enterprise agreement. Ms Callow was terminated for ‘serious misconduct’ for allegedly breaching the Employer’s Privacy Policy, the Confidentiality Agreement and her Employment Agreement.

The reasons provided by the employer, M People, was that Ms Callow set up a fundraiser for a colleague who had recently been diagnosed with advanced cancer, during which she sent an email in relation to the fundraiser from her personal email account to over 800 mine employees and employees of contractors. Ms Callow’s action in using her personal email account was considered a breach of the employer’s policies because ‘the content of the email and disclosure of personal email addresses was not authorised’.

The decision

The Commission held that Ms Callow had been unfairly dismissal and commented on the employer’s lack of guidance and training on policies to which the employer had relied upon in terminating the Applicant.

It was found that Ms Callow’s conduct was not ‘serious misconduct’ and that she was treated harshly, unjustly or unreasonably, particularly, in circumstances where:

1. other senior staff who had engaged in similar conduct remained employed; and
2. by virtue Ms Callow was acting in good faith to assist an ill colleague by organising the fundraiser.

The outcome

The FWC made an order for Ms Callow’s reinstatement and for continuity of service.

The outcome is a timely reminder that the primary remedy for unfair dismissal is reinstatement rather than compensation.

Key Takeaway – the limitations on an employer’s ability to rely on breach of workplace policy as a reason for dismissal.

One of Ms Callow’s key arguments that was accepted by the FWC was that she had never received training on company policies, and that the primary duties of her role did not include the use of email. The FWC held that without explanation or refresher training, an employer’s ability to rely on policies as reason for termination is significantly diminished.

This decision emphasises the importance on updated workplace policies, and the need for employers to:

• Provide regular and accessible training in relation to workplace policies and procedures that they wish to rely on.
• Have employees sign policies and procedures and a training declaration.
• Enforce your policies with consistency and fairness.
• Review your policies regularly to ensure they are up to date.
• Ensure that policies and procedures are accessible to all employees, to whom the policies relate.

How can Grazia Legal Help?

At Grazia Legal we can:

• Review your current policies and procedures
• Draft new or update your current policies and procedures
• Deliver training on your policies and procedures
• Advise on enforcing policies and procedures

Please call Grazia Legal or visit our website to submit an enquiry.

Disclaimer: The information in this article is of a general nature. It does not constitute formal legal advice, and should not be relied on as such.  Please contact Grazia Legal for tailored legal advice.