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Sacked for putting podgy bar down co-worker's undies

A supervisor pocketed almost $2500 compensation for unfair dismissal.
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Sacked for putting podgy bar down co-worker

Sacked for putting podgy bar down co-worker's undies

4 March 2020

A supervisor who was sacked for placing a metal bar down the back of a co-worker's undies has pocketed almost $2500 compensation for unfair dismissal.

The crew supervisor had been working at Safety Barrier Solutions (SBS) for 2.5 years when he was sacked for gross misconduct.





The Fair Work Commission heard he had:

  • repeatedly called a co-worker a 'peanut' and wrote the word on his safety helmet
  • arranged for employees to collect refundable bottles and cans during working hours for his own family's benefit, and
  • had no respect for SBS management, refusing on one occasion to shake the hand of the national operations manager.

The commission found the supervisor's conduct "fell short of the standard required of a modern-day supervisor".

Commissioner Platt said the podgy bar incident and the directive to collect cans and bottles were both valid reasons for dismissal, however procedural failings rendered the dismissal harsh. The supervisor was not notified of the reasons for his dismissal, nor was he given an opportunity to respond.

Reinstatement was not an option as the working relationship had 'broken down'.

The commissioner awarded compensation of three weeks' pay, with a deduction of 50% for misconduct.


Read the judgment

LPB v Safety Barrier Solutions Pty Ltd T/A Safety Barrier Solutions (U2019/11154) [2020] FWC 677
 

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