In a recent decision the Fair Work Commission emphasised the seriousness of making false allegations in an inappropriate setting. It dismissed an application for unfair dismissal by a bus driver who in an open meeting made an allegation of bullying against a co-worker.
The Facts
The bus driver commenced employment in 2021. His employment contract included obligations to abide by the company’s code of conduct and policies. The company’s “Respectful Workplace Behaviours” stated the company’s expectations for appropriate behaviour at work.
The bus driver attended a meeting of union members in the meal room of the employer’s depot in September 2024. The meal room was not closed off for the meeting and non-union members were able to come and go to use the facilities or sit in the room during the meeting.
In the meeting the bus driver loudly said various things about a co-worker including that:
- The co-worker was bullying, intimidating, and harassing him.
- He will be applying to the Fair Work Commission for a “stop bullying” order against the co-worker.
- The co-worker will get “caned” in the Fair Work Commission.
- He was a “kid” and should “put [his] balls in the line”.
After the meeting the co-worker made a complaint to the employer about the bus driver’s conduct in the meeting.
The bus driver was asked to attend a disciplinary interview. He was then given a show cause letter and asked to respond as to why he ought not be subject to disciplinary action for various grounds, including breaches of the Code of Conduct and the Respectful Workplace Behaviours Policy by his conduct in the meeting.
After considering the bus driver’s response the employer terminated the employment. He applied for unfair dismissal.
The Decision
The Commissioner dismissed the application, observing that:
- There was no basis for the bus driver to make unfounded allegations of bullying, intimidation, and harassment against the co-worker, to address him disrespectfully as a “kid”, or to provoke him by saying, “Put your balls in the line”.
- “I consider the public way in which [the bus driver] falsely accused [the co-worker] of bullying, intimidation, and harassment to be more serious than had he made those allegations quietly in a complaint to management.”
The Commissioner also observed that the “bluff and bluster” and “heat of battle” of a union yard meeting did not exclude the bus driver from being accountable for his conduct when interacting with other employees in the workplace.
The Commissioner also found that, although there were some procedural deficiencies, overall the dismissal was not unfair when considering the gravity of the bus driver’s conduct.
Implications
The case illustrates the risks of making allegations without a proper basis.
The case also emphasises the risks of making allegations outside of a proper process set out in workplace policy. Making allegations in an inappropriate forum such as an open meeting can itself be a serious matter.
Employees who are intending to make a grievance should be careful to understand the process set out in applicable workplace policy and comply with it.
Employers should ensure that their policies set out processes for how to properly make a grievance, and ensure that their employees are familiar with them.
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