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FWCFair Work Commission · 30 December 2024

[2024] FWC 3605

Citation: [2024] FWC 3605

What happened

the Applicant, a casual stevedore employed by Qube Ports Pty Ltd (Qube), was involved in a collision with a taxi at the Port of Brisbane on April 14, 2024. Following the incident, Qube stood down the Applicant pending an investigation. He was later placed on unpaid suspension and dismissed on June 10, 2024, after sending emails to Qube employees and management which Qube deemed inappropriate. the Applicant sought reinstatement, continuity of employment, and lost pay, or alternatively, compensation of six months' income. He had previously been dismissed and reinstated by Qube in 2023 following email correspondence issues.

What was decided

The Fair Work Commission found that Qube had a valid reason for the Applicant’s dismissal and that the dismissal was not harsh. The Commission noted that the Applicant’s actions, particularly the emails sent after the incident, breached Qube’s code of conduct. While acknowledging the Applicant's concerns about the taxi driver’s speed and the lack of clear communication from Qube, the Commission ultimately dismissed his claim for unfair dismissal.

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unfair-dismissal

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3605.pdf

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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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