Aug 2017 · Queensland, Australia
Detention officer called in after a night shift sleeps through guard duty - dismissal valid but found unfair, compensation ordered
A detainee services officer was woken at 11 am, after working the previous night, and asked to work that night guarding detainees at a hospital used as an alternative place of detention. The officer slept for large parts of the shift while a colleague tried repeatedly to keep her awake, and was later summarily dismissed for serious misconduct. The Fair Work Commission found that sleeping on shift was a valid reason for dismissal, but held the dismissal unfair because of flaws in the employer's investigation, and noted that the officer should have reported her fatigue so she could be replaced. The employer was ordered to pay compensation.
Case AU-corrections-06Report an issue