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Dismissal Was Fair

September 30, 2016 | biocare

The employment appeals tribunal held an aircraft refueling technician was not unfairly dismissed by his employer.

The tribunal heard the technician was refueling a plane when a mobile phone in his pocket rang.  In evidence the technician claimed he did not know the phone was in his pocket and decided to let it ring.

On hearing witness evidence on behalf of his employer that they observed the employee talking on a mobile phone while refueling the aircraft.  In evidence the employee concerned said he engaged the fuel shut off deadman switch before walking away from the plane to deal with an incoming phone call.

Noting his employer had a strict documented policy regarding the possession and use of mobile phones in the workplace the tribunal determined the employee was not unfairly dismissed in the circumstances.

(Ref. Employment Appeals Tribunal: Doyle -v- Hoyer Ire. Ltd. 2016)


This case clearly illustrates the value of having documented policies and procedures in relation to the possession and use of mobile communications equipment in the workplace.