31-07-2025
Why an Aussie mine worker was PAID $20,000 after he was accused of speeding in a company car
A mining company has been ordered to pay out a five-figure sum to an employee after his co-workers accused him of speeding to and from work.
Irfan Shaik was fired on Christmas Eve over the claim he had misused the company car while travelling between North and South Kestrel Mine in Emerald, Queensland, in 2024.
Mr Shaik had been earning $146,000 for his job as an IT contractor with Field Solutions Group (FSG) at the mine.
However, he contested the firing and took the matter to the Fair Work Commission for a verdict, reported The Courier Mail.
The commission sided with Mr Shaik after noting there was no credible evidence provided that he had ever unlawfully used his company car.
Fair Work Commission deputy president Nicholas Lake awarded Mr Shaik $22,461 - or two months worth of his pay - as the decision was handed down on Tuesday.
Mr Shaik was also told he had the option to seek reinstatement but he chose not to.
Mr Lake said there was no credible reason for the company to have dismissed its employee, based on the commission's findings.
No representation from FSG was available to appear at the May 8 hearing because the company went into receivership in February.
Mr Shaik represented himself.
FSG had previously insisted Mr Shaik was fired over 'serious misconduct' allegations and claimed he had even admitted to these breaches during a recorded interview.
This recording was not supplied to the Fair Work Commission and Mr Shaik 'vehemently' denied ever having admitted to doing so.
He learned of his dismissal via a letter which was delivered to him on December 24.
The letter included Mr Shaik's alleged history of warnings in a timeline which his employer said was a justification for his dismissal.
FSG claimed it had its operations manager discuss alleged unlawful use of the company car in July 2023.
Mr Shaik was stood down on 'gardening leave' after receiving a complaint in October before he was fired just over a month later.
Mr Shaik repeatedly denied FSG's claims and insisted they were 'completely unfounded'.
In a written response to the tribunal he claimed to have only been 'advised' to slow down on highways in August 2023.
The tribunal eventually sided with the sacked worker and he was awarded two months pay plus superannuation to be paid within 21 days of the judgement.
Mr Shaik had previously been earning $12,135 per month for 164 ordinary hours.
