Sydney trader wins unfair dismissal case after working from Singapore

Graham was terminated after his employer used IT forensics to discover he was working from Singapore, an act that breached company policy requiring prior approval for overseas work. It was also revealed that Graham had previously worked remotely from Bali, having told his manager he was working from home due to a "plumbing issue" while he was actually overseas.

Graham argued that his travel to Singapore was for a holiday and his partner's subsequent illness prevented his return. He provided documentation to support his claim. However, Xe stated that Graham had previously requested to relocate to Singapore, a request that was denied, and that he was aware of and had previously complied with absence and approval processes.

Commissioner Alana Matheson found that while there was a valid reason for dismissal, the company failed to fully raise all the matters it relied upon in its decision-making process, rendering the process unfair. Despite finding in Graham's favor on the procedural aspect, Matheson decided against awarding compensation, citing Graham's misconduct as a contributing factor to the dismissal and noting he received four weeks' pay in lieu of notice.