A Sydney currency trader, Charles Graham, has won an unfair dismissal case after being terminated for working from Singapore without approval. The ruling was made by the Fair Work Commission on Wednesday, stating that Graham had been unfairly dismissed by HIFX Australia, trading as Xe, in December last year.

Background

Graham was dismissed after his manager instructed an IT worker to track the IP address on his laptop, revealing that he was working from Singapore. It was later discovered that he had also worked from Bali while claiming to be working from home due to plumbing issues.

Graham explained that he had been holidaying in Singapore when his partner fell ill with a bacterial infection, which prevented him from returning to Australia. He provided documentation indicating that his partner required medical treatment. Previously, he had requested to relocate to Singapore, but this request was denied by Xe.

Commission Findings

Fair Work Commission commissioner Alana Matheson noted that after the company informed Graham of its discovery on 17 November, the tone of communication shifted significantly. By the next day, he was informed that there was a case to answer regarding alleged breaches of company policy.