Miner judged unfairly dismissed

A West Coast coalmine worker dismissed after equipment he was using was "squashed" in an accident, is entitled to compensation, lost wages and reinstatement, the Employment Relations Authority has found.

Doug Hood Mining plant operator, Murray Morgan, was operating an excavator in the Stockton mine on June 17 last year when it overbalanced and rolled, requiring repairs costing about $1 million.

An accident investigation undertaken by the company found "operating error" to be the cause of the accident. The company said the error amounted to serious misconduct and dismissed Mr Morgan on July 1.

Employment Relations Authority member Helen Doyle said there was not a full and fair investigation into Mr Morgan's actions before his dismissal. A fair and reasonable employer would not have concluded it was serious misconduct.

He had been on paid leave, rather than suspension, after the incident and had not been adequately informed the company was considering the accident amounted to serious misconduct, Ms Doyle found.

She accepted that operator error contributed to the accident but there was no evidence Mr Morgan had acted deliberately or negligently. Mr Morgan had limited experience and training in operating the excavator, she found.

Ms Doyle awarded Mr Morgan $8000 compensation, to be reduced by 25 per cent for his contribution to the accident, ordered he be reinstated to his previous position and have his lost wages paid.