[2025] FWC 2632
What happened
the Applicant, 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. the Applicant was issued a final warning in March 2024 related to the photo incident. Qube initiated an investigation following a complaint from a co-worker, Ms. Cogger, regarding the Applicant's behavior. the Applicant 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 the Applicant, 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 the Applicant and compensate him. The Commissioner noted that Qube's handling of a co-worker’s concerns was inadequate.
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