[2025] FWCFB 141
Citation: [2025] FWCFB 141
At a glance
- Employees affected
- 1
What happened
the Applicant, a long-term employee of Veolia Recycling and Recovery Pty Ltd, was dismissed after a series of incidents including vehicle accidents, breaches of safety policies, a stop work incident, and a positive blood alcohol content (BAC) reading of 0.013%. the Applicant, a union delegate and health and safety representative, received warnings for these incidents. He contested his dismissal, arguing he was denied procedural fairness and that the dismissal was harsh. He had worked as a side loader driver since 2008, becoming a full-time employee in 2014.
What was decided
The Fair Work Commission Full Bench allowed the Applicant’s appeal against an earlier decision that found Veolia had a valid reason for his dismissal. The Full Bench agreed there was a valid reason for dismissal, they found the dismissal itself was harsh. They ordered his reinstatement. The original decision found five matters of misconduct sufficient to constitute a valid reason for dismissal, including vehicle accidents, breaches of safety policies, and the positive BAC test. The Full Bench considered the evidence and arguments presented by both parties.
What it means for employers
Employers must ensure fair procedures are followed when addressing employee misconduct, including providing adequate opportunity for response and considering all relevant circumstances. Relying on a series of incidents to justify dismissal requires careful consideration of the cumulative impact and whether the process was fair. Failing to do so can lead to a finding of unfair dismissal and reinstatement.
What it means for employees
Employees have the right to a fair process when facing disciplinary action. This includes being given a reasonable opportunity to respond to allegations and having their personal circumstances considered. Even if an employer has a valid reason for dismissal, the dismissal itself must not be harsh.
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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 →