Worker's threatening statements and bullying claims backfire in FWC case
28 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal application involving a bus driver who was terminated following his conduct at a union meeting.
The case raised questions about workplace behaviour standards and the boundaries of acceptable conduct during workplace union activities.
The worker argued that his dismissal was unfair and constituted retaliation for making an earlier bullying complaint against another employee.
He contended that he was subject to differential treatment compared to other employees regarding the events at the meeting and that his termination was unjustified.
The employer defended the dismissal by arguing it was based on serious misconduct. The company claimed the worker had unlawfully disclosed confidential personal information about a colleague's workers' compensation claim and medical status, and had engaged 9i4
Union meeting dismissal follows workplace complaints
The worker had been employed by a bus services company as a driver since March 2021. The company operates bus services throughout Sydney on behalf of Transport for NSW from various depot locations.
The worker was based at the Tempe Bus Depot, where he served as co-delegate for the Transport Workers' Union alongside another driver.
The employment relationship deteriorated following events at a union meeting held in the depot's meal room on 18 September 2024. The meeting...
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