In considering the criteria for assessing fairness, a Full Bench in Metro Quarry Group Pty Ltd v John Ingham (2016) FWCFB 4745, said:
“The criteria for assessing fairness, although not exhaustive, are clearly intended by the legislature to guide the decision as to the overall finding of fairness of the dismissal and are essential to the notion of ensuring that there is ‘a fair go all round’. This is particularly important in relation to safety issues because the employer has obligations to ensure the safety of its employees, and commitment and adherence to safety standards is an essential obligation of employees – especially in inherently dangerous workplaces. The notion of a fair go all round in relation to breaches of safety procedures needs to consider the employer’s obligations and the need to enforce safety standards to ensure safe work practices are applied generally at the workplace.”
Petreski v Sydney Water Corporation T/A Sydney Water (2016) FWC 7010 delivered 22 December 2016 per Dean DP