A security guard who was dismissed after falling asleep while protecting Sydney's rail network has successfully obtained a compensation payout, with the Fair Work Commission determining that his termination was excessively harsh.
Background of the Case
Chanaka Ranawakage, employed by MSS Security, lost his position after being filmed dozing off during a night shift. He subsequently challenged his dismissal at the workplace tribunal, asserting that he had been treated unfairly. 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 approximately 1am on October 13.
The dismissal occurred amid broader concerns raised by Sydney Trains, which had warned in September that some guards were arriving with blankets and pillows, sleeping while on duty, refusing to make arrests, and failing to start shifts punctually.
Details of the Incident
Mr Ranawakage lodged a Fair Work claim the following month after he was discovered 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 that 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.
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 that the conduct showed a 'wilful and deliberate failure' to remain alert, putting safety at risk and threatening its contract with Sydney Trains.
Commission's Findings
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 that there was a valid reason to dismiss him, but ruled the penalty was disproportionate. She stated that the incident was unintentional, occurred in unique circumstances, and was unlikely to happen again, noting his otherwise unblemished record.
The Commission also found that 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.'
Compensation Awarded
Mr Ranawakage was awarded five weeks' pay plus superannuation, amounting to approximately $6,000 based on advertised wages for the role.
