Worker cries safety concerns justified his refusal to relocate during rain
The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim involving a construction worker who was dismissed for serious misconduct after refusing to follow a direction to relocate to another worksite during wet weather.
The worker sought a remedy, arguing that his dismissal was harsh, unjust, and unreasonable.
The worker argued that he was given an unlawful and unreasonable direction to work in unsafe conditions and that his conduct did not amount to serious misconduct.
He maintained that safety concerns about working with power tools in wet conditions and his lack of proper personal protective equipment justified his refusal to follow the employer's direction.
The worker had been employed with a construction company from September 2023 until October 2024 as a construction labourer.
On 18 October 2024, the worker was scheduled to work at a site in South Yarra with two coworkers, tasked with completing post tensioning installation of cables.
He argued that it was unsafe to complete the work because it was wet and the use of power tools was unsafe.
At around 11:00 a.m., one of his coworkers contacted the director, and the crew was directed to a site in Brighton.
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