Fair Work investigates if employer checked app's technical issues
The Fair Work Commission (FWC) recently dealt with a worker’s claim that he was unfairly dismissed over inaccurate records of his absences from work.
On August 11, 2023, the worker, Troy Peters filed a complaint alleging unfair dismissal by Drewmaster Pty Ltd on August 8, 2023.
The worker's complaint revolved around an alleged breach of the employer’s timesheet policy, specifically regarding employees logging in for him when he was absent.
Unexplained absences
The worker disputed the employer's claims of 27.5 unexplained absenteeism days and a net overpayment of $10,576.92, stating that he never had anyone log in or out for him during his stay.
Furthermore, he challenged a revised spreadsheet presented by the employer on October 6, 2023, alleging inaccuracies and incompleteness, suggesting flaws in its Tanda app system.
Tanda is a cloud-based workforce management and time & and attendance solution that offers electronic clock-in, payroll integration, employee scheduling, time off/overtime management, wage automation, real-time reporting, SMS notifications, and more.
To support his case, the worker obtained phone records showing his location during work hours, which conflicted with the employer's claims of absenteeism. He highlighted instances where calls were made from work-related locations, countering the accusations against him.
Additionally, the worker argued that employees did not have access to the Tanda app when working offsite, submitting evidence of alternative timekeeping methods used and emphasising the existence of security cameras at the workplace to track their movements.
In seeking compensation, the worker outlined financial and emotional damages resulting from the dismissal, including lost income, stress, and difficulty finding employment post-dismissal, despite eventually securing casual work.
Employer failed to investigate inaccuracies
The FWC found that the worker “has experienced numerous and regular problems in relation to either signing in or signing out using the Tanda system,” adding that the employer did not provide any evidence “in relation to the accuracy or functionality of the Tanda system.”
It said the worker “was not counselled, disciplined or warned in relation to his sign in or sign out irregularities. [He] was not questioned about his Tanda recordings at any stage during his employment.”
The FWC also examined the detailed phone records from the worker’s provider. “Of the 55 instances of Tanda issues, the [worker] was able to substantiate that he was at work, or in the proximity of his work location on 60% of these dates.”
“Relevantly, of the 15 occasions where Tanda claimed that the [worker] did not sign in or sign out, [his] telephone records show that he was either at work or in the vicinity of the workplace on 6 of these days,” it added.
“This unchallenged information identifies that there were technical issues with the Tanda system,” however, the FWC said that the employer failed to properly investigate the matter.
“The investigation undertaken by the employer in relation to the Tanda data was incomplete and unsatisfactory. Other documents existed which were under the employer’s control (such as physical and signed timesheets), which would have helped substantiate the accusations which were levelled against the worker]. This information, though, was either simply ignored or misplaced without explanation,” the FWC added.
Thus, the FWC said that the worker’s dismissal was harsh and unfair. It then ordered the employer to pay him proper compensation.
