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Sydney bloke who was caught 'asleep on the job' wins payout after shock Fair Work ruling

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Daily Mail
2026/05/24 - 03:46 504 مشاهدة
By SARAH BROOKES - SENIOR REPORTER, AUSTRALIA Published: 04:46, 24 May 2026 | Updated: 04:46, 24 May 2026 A security guard sacked after falling asleep while protecting Sydney's rail network has won a compensation payout, with the Fair Work Commission ruling his dismissal was too harsh. Chanaka Ranawakage, employed by MSS Security, lost his job after he was filmed dozing off during a night shift but took his case to the workplace tribunal, arguing he had been unfairly treated. The father-of-five had been working 7pm to 5am shifts for Sydney Trains when a supervisor captured footage of him in his vehicle at about 1am on October 13. The dismissal came amid broader concerns raised by Sydney Trains, which had warned in September that some guards were turning up with blankets and pillows, sleeping on duty, refusing to make arrests and failing to start shifts on time. Mr Ranawakage lodged a Fair Work claim the following month after he was found asleep at Waverton Station with a sports match streaming on his phone during a break. He had been working gruelling overnight shifts in a role that often involved long hours and volatile public encounters. Rostered with colleague Michael Hellwig across four consecutive nights from October 9 to 13, 2025, tensions quickly emerged after Mr Hellwig revealed his children had chickenpox. Fearing he could infect his own five children, aged one to 14, Mr Ranawakage was cleared to patrol alone in his own car. Sydney Trains had warned some guards were turning up with blankets and pillows, sleeping on duty, refusing to make arrests and failing to start shifts on time Deputy President Judith Wright found there was a valid reason to dismiss him, but ruled the penalty was disproportionate But during one shift, when Mr Hellwig responded to an incident involving antisocial youths that required police, he later claimed Mr Ranawakage failed to assist and remained in his vehicle. MSS argued the conduct showed a 'wilful and deliberate failure' to remain alert, putting safety at risk and threatening its contract with Sydney Trains. The Commission was shown a 30-second video of Mr Ranawakage appearing to sleep while a sports match played on his phone, although he denied being asleep for as long as 90 minutes. The company said Mr Ranawakage's conduct placed MSS's reputation and its contractual relationship with Sydney Trains at risk. Deputy President Judith Wright found there was a valid reason to dismiss him, but ruled the penalty was disproportionate. She said the incident was unintentional, occurred in unique circumstances and was unlikely to happen again, noting his otherwise unblemished record. The Commission also found MSS failed to properly consider that Mr Ranawakage was working alone in his own vehicle, an unusual arrangement, and that long overnight shifts posed a risk of workers inadvertently falling asleep. 'I have also found that Mr Ranawakage was having a crib break at the time he fell asleep and that he was not prohibited from watching sport on his phone while taking a crib break,' she said. 'These findings lead me to conclude that Mr Ranawakage's actions in falling asleep were unintentional.' Mr Ranawakage was awarded five weeks' pay plus superannuation, amounting to approximately $6,000 based on advertised wages for the role. No comments have so far been submitted. Why not be the first to send us your thoughts, or debate this issue live on our message boards. By posting your comment you agree to our house rules. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. To do this we will link your MailOnline account with your Facebook account. We’ll ask you to confirm this for your first post to Facebook. You can choose on each post whether you would like it to be posted to Facebook. Your details from Facebook will be used to provide you with tailored content, marketing and ads in line with our Privacy Policy.
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