Trader fired for working overseas

Charles Graham, a Sydney currency trader at Xe, was sacked in December after his manager discovered he was working from Singapore without permission.

How the company found out

Graham's manager asked an IT worker to use his FBI skills and track the IP address on Graham's laptop, revealing he was working from Singapore.

“FBI skills”

Earlier work from Bali

It was later discovered Graham had previously worked from Bali after telling his manager he was working from home because a plumber was coming to fix bathroom issues.

“coming around to sort out some recurring bathroom issues”

Graham's explanation

Graham said he had been holidaying in Singapore when his partner became ill with a bacterial infection, preventing him from returning to Australia. He provided medical documentation.

Previous request denied

Graham had previously asked Xe if he could relocate to Singapore, but his request was denied. He knew he needed prior approval to work overseas.

Company's dismissal reasoning

Xe's termination letter stated Graham had not provided flight screenshots with his name, medical evidence his partner could not travel, or adequate explanation for not telling his manager he was in Singapore.

Commission finds dismissal unfair

Fair Work Commission commissioner Alana Matheson ruled on Wednesday that while there was valid reason for dismissal, the process was procedurally unfair because Xe failed to fully raise all matters it relied on.

No compensation awarded

Matheson found reinstatement inappropriate and decided against awarding compensation, partly because Graham's misconduct contributed to dismissal and he was paid four weeks in lieu of notice.