‘Leadfoot’ miner sacked from $146k job for speeding to work wins legal fight

A Queensland mine worker sacked on Christmas Eve over unproven speeding allegations has won $22,461 compensation after the Fair Work Commission ruled his dismissal unfair.

IT consultant Irfan Shaik, who was unfairly sacked as an IT contractor at the Kestrel coal mine in Emerald for allegedly speeding in his work car. Picture LinkedIn

A highly-paid Queensland mine worker who was unfairly sacked on Christmas Eve after he was accused of being a leadfoot driver when driving to work in the company car, has won compensation.

Irfan Shaik was sacked from his $146,000 a year job as an IT contractor with Field Solutions Group (FSG) on December 24, with his employer claiming it was because he had been “speeding while commuting to and from work, as well as during your travels to and from North and South Kestrel Mine” in Emerald.

But in a decision handed down by Fair Work Commission deputy president Nicholas Lake on Tuesday, he ruled that he was “unable to find that” Shaik was speeding unlawfully in the company car.

Mr Lake awarded Mr Shaik two months’ pay, as Mr Shaik chose not to seek reinstatement.

Mr Lake ruled that FSG, which was a contractor for Kestrel Coal Resources,

has not established a valid reason for Mr Shaik’s dismissal as FSG did not appear at the hearing because FSG was tipped into receivership in February.

The matter was listed for an in-person hearing on May 8, and Mr Shaik, who worked as a “managed service support consultant” represented himself.

FSG told the tribunal in a filing that Mr Shaik was dismissed for “serious misconduct” in relation to unlawful use of a company vehicle on public roads and roads owned by Kestrel Coal.

FSG claimed that Mr Shaik admitted to these breaches during a recorded interview, but they did not give a copy of interview to the FWC.

Mr Shaik “vehemently denies” speeding in a company car.

He was sacked by letter on December 24, with the letter stating that in October 2024 a formal complaint was lodged about his “unsafe driving and speeding”, an alleged violation of his employee contract and the FSG code of conduct.

He was stood down on “gardening leave” after his annual performance review with FSG head of mining Jody Barlow on 9 October 2024.

The December letter sacking him claimed that in July 2023, FSG’s operations manager Jamie Black slapped him with a verbal warning for alleged “speeding while commuting to and from work as well as during your travels to and from North and South Kestrel Mine”.

The letter claimed that Mr Barlow again “expressed concerns regarding your speeding to and from work” in October 2023.

It claimed that there were “multiple verbal complaints” about his alleged speeding “lodged by Kestrel Coal staff, including Tim Closter and Shaun Hay, during open staff meetings” between October 2023 to October 2024.

Mr Shaik responded to the allegations in the letter by stating the claim that there were multiple verbal complaints from workers about his speeding was “completely unfounded”.

In his written response to the tribunal, Mr Shaik alleged Jamie Black had “advised me to slow down on highways” in August 2023.

Mr Lake awarded Mr Shaik $22,461 plus superannuation, to be paid within 21 days, which equates to two months’ pay.

He was earning $12,135 per month for 164 ordinary hours.

His LinkedIn profile states that he worked as a property developer in Hyderabad until June this year, and now works as an IT contractor for global mining giant BHP via contractor Alchemy.