An elderly man who was sacked for breaching safety guidelines that applied to his work was not unfairly dismissed, the Fair Work Commission ruled on Friday.
79-year-old Subeg Singh who worked for Sydney Trains for 34 years was dismissed from his role of a team leader in November 2016.
Dismissed for ‘committing a breach of the Code of Conduct’:
The dismissal came after a disciplinary investigation discovered that Mr Singh had failed to comply with safety guidelines, causing significant risk of harm to himself, his team and the public on two occasions on the same day on Illawarra line in 2015, the commission heard.
Denying all allegations, Mr Singh claimed during the hearing that he had been unfairly dismissed on the basis of ‘incorrect findings’ and therefore, demanded reinstatement and compensation for lost remuneration.
Sydney trains Source: AAP
“I was manipulated and wrongly accused of things I did not do. The safety incident did not occur on the line I was working at,” Mr Singh told SBS Punjabi.
Decision:
The Fair Work Commission found Mr Singh’s dismissal was not ‘harsh, unjust or unreasonable’ and contrary to what he claimed, he was not ‘singled out’ as compared to others in the team.
“Mr Singh failed to follow safety policies, procedures and guidelines that applied to his work, including failing to carry out his duties safely and reasonably and adequately assessing and planning,” said Deputy President Sams.
The FWC ruled that reinstatement, in this case, was ‘unthinkable’ as Mr Singh had not even expressed a “skerrick of remorse - no regret for his actions - no apology - no contrition.”
“His belligerent denial of any wrongdoing is so gravely concerning, that I am satisfied the employer’s trust and confidence in him has been permanently destroyed,” Deputy President Sams added.
However, Mr Singh continues to maintain that he was ‘unfairly’ dismissed and told SBS Punjabi that he would soon file for an appeal against the decision.
“We will soon file an appeal. I have been wronged and therefore I demand justice for my 34 years of service with Sydney Trains,” he added.
Mr Singh migrated to Australia as a Sikh priest in 1981 after serving in the Indian Navy for ten years.
As his religious duties were unpaid, he applied for a job with the State Rail Authority and secured acceptance as a Fettler in 1982, the FWC heard. He undertook various training and eventually became a Team Leader for Sydney Trains.
