A Sydney currency trader, Charles Graham, was dismissed by HIFX Australia, trading as Xe, in December 2023 after the company discovered he had been working from Singapore without permission. The Fair Work Commission ruled that the dismissal was unfair, although it did not award compensation.
Xe had identified Graham’s overseas work when an IT staffer used his “FBI skills” to trace the IP address on Graham’s laptop, revealing he was in Singapore. The company also learned that he had previously worked from Bali while claiming to be home due to plumbing problems. Xe’s policy required prior approval for overseas work and required employees to be in the office three times a week.
Graham said he was holidaying in Singapore when his partner fell ill with a bacterial infection, preventing his return to Australia. He submitted documentation of his partner’s medical treatment and explained that he had not been aware of any specific hybrid‑work policies. He also noted that his remote work was interrupted by urgent client matters and that he had intended to inform his manager as soon as possible.
Commissioner Alana Matheson found that while Xe had a valid reason to terminate Graham, the process was procedurally unfair because the company did not fully disclose the issues it relied on. The decision to dismiss was therefore unreasonable, but reinstatement was deemed inappropriate and no compensation was awarded, partly because Graham’s conduct contributed to the dismissal and he had been paid four weeks’ notice in lieu of a formal notice period.
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