[2025] FWC 2632
Citation: [2025] FWC 2632
What happened
Robert Smith, a 62-year-old stevedore, was dismissed from Qube Ports Pty Ltd on January 15, 2025. The dismissal was based on allegations of misconduct, including showing photos of colleagues and other workplace behavior inconsistent with company policies. Mr. Smith was issued a final warning in March 2024 related to the photo incident. Qube initiated an investigation following a complaint from another employee, Ms. Cogger, regarding Mr. Smith's behavior. Mr. Smith alleges victimization and claims Qube created an unsafe work environment. He was paid four weeks’ pay in lieu of notice.
What was decided
The Fair Work Commission found that Qube had a valid reason for dismissing Mr. Smith, stemming from an incident involving photos of colleagues in March 2024. However, the Commission determined his dismissal was harsh, unjust, and unreasonable, considering the final warning he had received and a lack of evidence supporting claims he was a 'bully'. The Commission ordered Qube to reinstate Mr. Smith and compensate him. The Commission noted that Qube's handling of Ms. Cogger's concerns was inadequate.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2632.pdfWant more cases like this?
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This summary was drafted by AI 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 →