Employee challenges termination following persistent refusal of hygiene standards
The Fair Work Commission (FWC) recently dismissed an unfair dismissal application filed by a team leader who was terminated for repeatedly refusing to follow a company cleaning procedure.
The case involved a paint manufacturer's employee who disagreed with new hygiene standards that required using bleach in the cleaning process.
The worker argued his dismissal was unfair, claiming the cleaning procedure was unnecessary and could negatively impact product quality.
He maintained that his refusal was based on technical expertise as a chemist and that the procedure was not being followed by other employees.
The worker started employment with the paint manufacturer in January 2016 as an operator and was promoted to team leader in 2024.
The company produces water-based acrylic wall coating and the worker "was passionate about his job" and "took a personal interest in ensuring high quality production in an efficient way." His background as a chemist informed his approach to production processes.
In late 2021, the company introduced a new cleaning procedure to improve hygiene standards, requiring the use of sodium hypochlorite (bleach).
Previously, the company had used hot water and high pressure washing to clean production equipment. The worker disagreed with this change based on his technical knowledge.
On 2 July 2024, when instructed to undertake the...
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