When he did not return, Xe’s IT team traced his work laptop’s IP address and GPS location to an Ibis hotel in Singapore. The company dismissed him on December 2, 2025, citing policy breaches and a breakdown of trust.
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Employee’s defence
Graham said he had planned to return to Australia but delayed his flight because his partner developed a bacterial infection and needed medical treatment. He also argued that the company had located him through “illegal tracking surveillance".
Earlier, he had sought permission to work from Singapore for a year, but the company rejected the request. He later obtained approval to work from home for three months, citing an eye injury.
What the commission said
Fair Work Commissioner Alana Matheson found that Graham deliberately concealed his location and knew the company required approval to work from another country. The commission described his failure to disclose where he was as “deliberate” and amounting to dishonesty.
Graham planned to work in Singapore and did commence work in Singapore without approval in circumstances where he was aware approval to work in another country was required, the commissioner found.
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Why he still ‘won’
Although Xe had a valid reason to dismiss him, the commission found the company did not follow a fair process before terminating his employment. Graham was therefore successful in his unfair dismissal claim, but he will not get his job back.
He also received no additional compensation because he had already been paid four weeks’ salary in lieu of notice.