The Case

Eptesam Al Bankani v Western Sydney Migrant Resource Centre Ltd (2023)

Western Sydney Migrant Resource Centre Ltd (WSMRC) terminated Ms Al Bankani’s employment because she deleted data from a work mobile phone provided to her to service clients after-hours. WSMRC claimed this was a breach of workplace policies. Given WSMRC’s services were government-funded, there were requirements in place to retain certain records and data.

Ms Al Bankani commenced unfair dismissal proceedings in the Fair Work Commission (FWC).