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2 October 2015 Warwick Ryan Featured in Smartcompany on Kimberley Ports Authority Unfair Dismissal Case

Employment law specialist Warwick Ryan has been cited in a recent Smartcompany article regarding the sacking of a worker at Kimberley Ports Authority, who drove a forklift whilst under the influence earlier this year.

The Fair Work Commission approved the Port's decision, stating that the likelihood of employee Lee Ward making a 'genuine mistake' was low given the strength of his reading (0.026%). As a result, the FWC deduced that Ward's intent placed both himself and his co-workers in danger, which was a sackable offence.

Yet according to Warwick Ryan, the biggest 'influence' on this case was the rigour of the Port Authority's workplace policies. Not only had Ward agreed to abide by the policy, but the company helps staff by providing the option to test themselves before commencing work. Ryan also emphasises the significance of the FWC's hard-line stance, especially in cases regarding inherently dangerous workplaces.

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