FWC cites worker's lack of honesty
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who allegedly reported incidents in the workplace that were either untrue or exaggerated.
While the first few years of the worker's employment were without any incidents, the worker started to report alleged inappropriate behavior of other employees towards him starting in 2020.
'False' complaints
In February 2018, the worker commenced employment in the pit crew at Sydney Airport for the company's airline.
The worker primarily worked in and around the bag room and the ramp area of the airport tarmac, mostly loading and unloading aircrafts.
Around 2020 until 2022, the worker filed reports regarding the alleged misconduct of other employees in the workplace. The reports were also primarily made in relation to the position he failed to obtain.
The employer initially addressed the issues informally and frequently put them down to misunderstandings, with apologies given where appropriate.
However, the employer became concerned over time because the worker was reporting incidents that were either exaggerated or untrue.
Meanwhile, on 3 September 2022, the worker became involved in a safety incident wherein at the end of work that day, the worker started a period of leave and did not return to work after.
After commencing an investigation, the employer alleged the following serious misconduct against the worker:
- Deliberately driving into a blind spot of a team member in the hopes of creating a reportable safety incident.
- Deliberately reporting multiple false and/or unjustifiable complaints about team members' conduct.
- Attempting to resign in the company but eventually deciding to "toy" with the business.
- Sending multiple unwelcomed and unsolicited messages to a female team member and sending a friend request even after she requested the worker to stop.
Both parties exchanged a series of correspondence about the allegations and the worker's response. However, the employer found that the allegations were mostly substantiated, hence the termination of the worker's employment on the grounds of serious misconduct.
Commission's decision
After examining the case, the Commission ultimately dismissed the worker's application as it found that the worker has not been unfairly dismissed.
While the Commission found that the dismissal had serious consequences for the worker, it said that the dismissal was not harsh, unjust, or unreasonable as the allegations put forward by the employer were all substantiated.
It further noted that the employer's decision to terminate the worker's employment was a proportionate move in response to the repeated and inexplicable conduct of the worker, which made his continuing employment untenable.
"There was a valid reason for the dismissal of [the worker] arising from his increasingly inappropriate conduct over the period from June 2021 to September 2022, and his subsequent lack of honesty when responding to the allegations made against him," the Commission stated in its decision.
"The making of false and/or exaggerated reports about other operators and leading hands was not only likely to undermine the trust of his colleagues, but also created risks to their health and safety, including psychosocial safety," the FWC also noted.
