Worker Who Put Adult Toy in Colleague’s Hand Luggage Unfairly Dismissed

The Fair Work Commission (FWC) has ordered compensation be paid to a mine worker sacked for misconduct.

What happened?

The worker was employed at the Caval Ridge Mine by Central Queensland Services Pty Ltd prior to her dismissal on 26 March 2019 over two incidents.  The first incident occurred at the Moranbah Airport in October 2018.  The worker was alleged to have placed butter knives and a sex toy in another worker’s hand luggage, which was then flagged by airport security.  The second incident took place in early March 2019 and involved the worker posing in a photo with two female colleagues.  The photo showed the workers opening their BHP work-issue shirts exposing their bras.  The photo was taken on site at a Crib Hut.  The image was later shared on Facebook.

In determining the worker’s unfair dismissal claim, Commissioner Hunt of the FWC attributed more weight to the airport incident than the photo incident. The Commission noted that the worker was fortunate that the colleague involved in the airport incident did not take offence.  The Commissioner found the worker had no regard for anybody else in the airport, including the security attendants.  Finding that the worker breached the company’s Charter Values of respect and integrity by her conduct, the Commission held that there was a valid reason for her dismissal.

Employer savaged for non-compliance with policy

However, it was the company’s lack of adherence to its own policies which attracted the strongest criticism from the FWC.  The Commissioner said that the “abject failure” of the company, to adhere to its obligations under its Fair Play policy (which governs how disciplinary matters are dealt with), was of “incredible concern”. Despite there being a valid reason for the dismissal, the company’s failure to have regard for its obligations under its policy rendered the dismissal unjust and unreasonable.

The Commissioner found reinstatement of the worker was impracticable and ordered monetary compensation of $13,100.19 – reduced by 50% on account of the worker’s misconduct – be paid by the company.

Odgers v Central Queensland Services Pty Ltd [2019] FWC 7150

Lesson for employers

If your organisation has a policy on how disciplinary matters are dealt with, you must comply with it. The company’s failure to do so in this case meant it was exposed to an unfair dismissal finding in circumstances where it might have otherwise prevailed in the Commission.

If you have questions about disciplinary procedures or dismissal, speak to one of our experienced Consultants today.