What a maintenance worker's GPS trail revealed about years of misconduct
The Fair Work Commission has upheld the summary dismissal of a Melbourne maintenance worker after GPS tracking exposed personal vehicle use and false time sheets.
On 12 March 2026, the Fair Work Commission dismissed Bradley Waye's unfair dismissal claim against Entire Building Services Pty Ltd (EBS), a 12-employee Melbourne maintenance company. Commissioner Tran found EBS had complied with the Small Business Fair Dismissal Code when it summarily dismissed Waye in August 2025.
Waye had worked for EBS since around 15 August 2023. At the outset, he signed an acknowledgement confirming he had read and agreed to abide by company policies, including the Motor Vehicle Use Policy and Vehicle Tracking Policy. Over nearly two years, a pattern emerged the Commission accepted as grounds for immediate dismissal.
Trouble began in October 2024 when Waye posted and quickly removed a personal invoice from the company's work group chat, raising suspicions he was running a private business. In December 2024, Waye purchased acrylic sheets from an external supplier for a personal job; in April 2025, that supplier invoiced EBS for the sheets, and EBS paid the bill. In March 2025, Waye used the company's Bunnings card to purchase tools that EBS disputed were work-related.
By April 2025, the parties had entered a repayment arrangement. During those discussions, Waye also lodged a complaint against administration officer Jodie Ainsworth, alleging she had made him feel "belittled, untruthful in his words and basically not worth much at all to Entire," and asked that communications come only from Mr O'Dwyer, Mr Shaun O'Dwyer or the other administration team member.
Administrative staff were cross-checking GPS records against time sheets, finding consistent gaps. Waye was recorded as leaving early or arriving late on days he had claimed full hours. He acknowledged the discrepancies, describing the arrangement as "give and take," and said he sometimes worked unpaid overtime to compensate.
Personal vehicle use was a recurring problem. EBS prohibited it in writing, and a staff-wide email on 7 July 2025 made clear that personal use on days off was not approved. GPS data from July 2025 showed Waye using the vehicle evenings and on weekends. EBS received and paid final demand notices for parking fines in April and May 2025.
On 8 August 2025, Waye texted management expressing frustration over a vehicle allocation and flagging he was looking for other work. On 11 August 2025, his rostered day off, GPS showed him making multiple trips in the company vehicle to a Port Melbourne site for a personal client. The following day, while home sick, management texted treating his message as a resignation. Waye rejected this and requested a termination letter. Commissioner Tran observed that it appeared from Mr Shaun O'Dwyer's text message that "the employer saw an opportunity to misunderstand Mr Waye's message and accept a resignation that was not offered," but found this did not affect the grounds for dismissal.
The termination letter, dated 13 August 2025 and emailed the following day, cited motor vehicle policy breaches including continual personal use and parking fines, failure to maintain the vehicle to required standards resulting in considerable repair costs, purchasing materials for personal use on the company account without permission, submitting false time sheets, and failure to provide an invoice or receipt for tools purchased on the company account.
For HR leaders, the decision reinforces several considerations. Signed policy acknowledgements at onboarding become critical evidence in dismissal proceedings. GPS monitoring data, underpinned by a transparent written policy, carries real weight before the Commission. Verbal warnings must go far enough: though the employer had valid reasons to dismiss, the Commissioner noted the warnings fell short because they never clearly communicated that employment was at risk, and those procedural failings would have weighed in favour of an unfair dismissal finding, with Waye likely remaining employed only weeks longer.
