In a recent decision the Fair Work Commission has found that an employee was fairly dismissed for unsafe operation of a pallet jack, throwing freight, and taking videos of his colleagues at work without permission.
The Facts
The employer was a logistics and freight handling company that was a member of the Australia Post group of companies.
The employee commenced employment with the employer on 2 October 2013 as a freight handler in its Greenacre, NSW facility. The site provided a national next business day delivery service for freight. Photographs were not permitted to be taken in the facility, and signage about that was in place at the entry points.
On 10 December 2024 the employee was seen throwing freight under arm into a container and kept throwing the freight even after he was directed to stop by a supervisor. He later denied having thrown freight at all.
The same day the employee was seen driving a ride on pallet jack, colliding with a cage, and driving in proximity to other colleagues who had to move other trollies out of the way.
Also on the same day the employee used his phone to video colleagues when they were sorting freight, without asking for their consent and without having the employer’s authority to take photos or video in the workplace.
On 17 December 2024 the employee was suspended with pay for the employer to investigate the concerns.
On 19 December 2024 the employee was given a detailed letter of allegations about his conduct.
On 20 December 2025 the employee attended a meeting in which he was given an opportunity to respond to the allegations.
On 13 January 2025 the employee was given a letter asking him to show cause as to why his employment should not be terminated.
In a show cause response the employee denied he allegations in full or as stated.
On 28 January 2025 the employer summarily terminated the employment.
The employee applied for unfair dismissal.
The Decision
The Deputy President dismissed the application, finding that:
- The allegation of throwing freight was a valid reason for dismissal, particularly because of his denials that he was throwing freight at all and then trivialising the conduct.
- His manner of driving the pallet jack was a valid reason for dismissal, defying “all notions of safety and common sense” and was “a textbook example of how a pallet jack should never (ever) be driven”.
- The employee was in clear breach of the employer’s policies about videoing and photography. He was not videoing employees for reasons of safety and was not authorised to take photos or videos at all.
- The employer had followed a fair process and the dismissal was otherwise fair.
Implications
Employers are reminded of the value of:
- Having workplace policies (in this case about the acceptable use of video and photography) and communicating its policies effectively in the workplace.
- Following a careful process before dismissing an employee, especially over the Christmas break. Here the employer ensured that the process was managed carefully over the Christmas break and concluded it appropriately in the new year.
Employees are reminded of the critical importance of safety in the workplace, following employer policy, and appropriately admitting to wrongdoing when it has occurred.
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