AWU v BlueScope Steel Ltd [2005] NSWIRComm 283

AWU v BlueScope Steel Ltd [2005] NSWIRComm 283

The standard operating procedure was not flawed and imposed a clear obligation on the despatch operator to conduct a visual safety check prior to authorising a rail shunt; the procedure was not followed, justifying disciplinary action, but the imposition of both a suspension and final warning was disproportionate, warranting revocation of the final warning.

Parties
Applicant: Australian Workers' Union; Respondent: BlueScope Steel Ltd
Jurisdiction
Australia
Judgment Date
11 August 2005
Procedural Posture
Industrial Dispute / Decision
Outcome
Final warning against employee revoked; suspension upheld; proceedings concluded
Legal Topics
Disciplinary Sanction, Breach of Standard Operating Procedure, Workplace Safety, Employee Suspension
Industrial Law Occupational Health and Safety Disciplinary Sanction Breach of Standard Operating Procedure Workplace Safety Employee Suspension

Case Brief

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Parties

Australian Workers' Union

Applicant

BlueScope Steel Ltd

Respondent

Procedural Posture

Industrial Dispute / Decision

Legal Issues

  1. 1 Whether the disciplinary sanctions imposed on an employee for failing to follow a safety procedure should be removed
  2. 2 Whether the standard operating procedure was flawed or inadequately followed
  3. 3 Proportionality of the penalty imposed

Ratio Decidendi

The standard operating procedure was not flawed and imposed a clear obligation on the despatch operator to conduct a visual safety check prior to authorising a rail shunt; the procedure was not followed, justifying disciplinary action, but the imposition of both a suspension and final warning was disproportionate, warranting revocation of the final warning.

Court Disposition

Final warning against employee revoked; suspension upheld; proceedings concluded

Orders

  • The final warning imposed on Mr Denkovski is to be revoked.
  • The proceedings are otherwise concluded.