The Fair Work Commission has described Discovery Holiday Park's decision to sack its Hadspen manager as "harsh" and ordered the company to pay him 16 weeks' wages as compensation.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Benjamin Stebbeings was fired in February after Discovery Parks claimed he had failed to disclose criminal charges relating to possessing a controlled plant and dealing with the proceeds of crime, had failed to disclose a conviction and had damaged the company's interests and reputation.
But Mr Stebbeings - who managed the park for seven years without any disciplinary matters - maintained that his supervisor had been aware of the criminal matters for several years. This account was accepted by the FWC.
Police searched Mr Stebbeings' premises at the park in January, 2016, after he illegally imported a gun stock online. He was convicted and fined $600, which FWC believed was an indication that the matter "was not treated as particularly serious by the courts".
IN OTHER NEWS:
As a result of that search, he accompanied police to an address where eight cannabis plants were allegedly growing. Charges relating to this offending are outstanding and Mr Stebbeings has made dozens of court appearances, which he claimed he discussed with his manager. His manager told FWC he was aware of the appearances, but not the charges.
Over three years later, Discovery Parks received two complaints - one anonymous and one from a neighbour - alleging further illegal activity by Mr Stebbeings but neither account was verified.
The company sent him a show cause letter and he told them to contact his lawyer if they wanted to discuss the matters further. Discovery Parks then sent a termination letter which claimed a breach of company Code of Conduct.
The Code required the disclosure of convictions, but not charges. FWC deputy president David Barclay found that Mr Stebbeings did tell his manager of the charges and also about the gun stock matter, but not necessarily about the conviction.
Mr Barclay said the termination letter did not include any "analysis of evidence" to support its allegations.
"Even if the failure to advise of the conviction was a breach of the Code termination for that matter would be harsh and unreasonable," he said in his judgment.
"Even if I am wrong that the Applicant told his employer of the charges I regard the termination as harsh.
"The Applicant did not try to hide his involvement with the police, nor that he was appearing in court regularly.
"Further the Applicant was a good employee. [Discovery Parks CEO Grant Wilckens] noted that the Applicant was 'successful' and been paid his bonuses and was trusted."
The 16 weeks' wages was agreed to by both parties.