Worker claims conduct mischaracterised, while employer cites serious misconduct
The Fair Work Commission (FWC) heard an unfair dismissal application from a freight handler who was summarily terminated following allegations of throwing freight, operating machinery unsafely, and recording colleagues without authorisation during a December 2024 shift.
The worker contested the dismissal, arguing he was targeted due to his union delegate role and activities, while also claiming differential treatment compared to other employees.
The employer investigated three incidents that occurred on 10 December 2024, including allegations that the worker threw freight after being told to stop, drove an electric pallet jack carrying 1.2 tonnes recklessly near colleagues, and took unauthorised video recordings of workers at a secure facility.
The worker maintained his conduct was either mischaracterised, occurred due to workplace conditions, or was justified for safety documentation purposes.
The Commission heard evidence regarding an incident where the worker's supervisor redirected a colleague to resume assigned blue cage work rather than assist the worker with loading freight into a storage container not scheduled for dispatch until the following day.
It found the supervisor heard a loud banging noise, turned around and observed the worker throwing freight boxes into the container in an underarm style, causing items to slam against...
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