The Fair Work Commission ruled that Charles Graham was unfairly dismissed by HIFX Australia, trading as Xe, in December last year.

Graham’s employer discovered he was working in Singapore after his manager asked an IT worker to use his “FBI skills” to trace his laptop’s IP address. The company later found he had previously worked from Bali after telling his manager he was at home awaiting a plumber “coming around to sort out some recurring bathroom issues”.

Graham said he had been holidaying in Singapore when his partner contracted a bacterial infection that prevented their return to Australia. He provided medical documentation and said he had intended to notify his manager as soon as practicable.

Xe dismissed him, citing his failure to obtain approval for overseas work and comply with office attendance requirements. Commissioner Alana Matheson found the dismissal unfair, but awarded no compensation.