the Applicant v Elsum Engineering (Aust.) Pty. Ltd.
Citation: [2026] FWC 2291
At a glance
- Employees affected
- 37
What happened
the Applicant was a store manager at Elsum Engineering (Aust.) Pty Ltd for over five years. In February 2026, he was summarily dismissed for repeatedly driving a forklift without a license after being instructed not to do so. the Applicant argued that the dismissal was disproportionate and lacked due process. Prior to April 2024, the company had a lax approach to forklift licensing. A new general manager, David Byrne, implemented stricter safety rules in April 2024, including a ‘zero tolerance’ policy for unlicensed forklift operation. the Applicant continued to operate forklifts without a license despite warnings and emails from management.
What was decided
The Fair Work Commission dismissed the Applicant's unfair dismissal application. The Deputy President found that his repeated unlicensed driving of the forklift was a valid reason for dismissal, constituting wilful defiance of a lawful direction. While acknowledging some procedural shortcomings in the dismissal process, the Commission determined these were outweighed by the seriousness of the Applicant’s conduct and the safety risk it posed. The decision highlighted the importance of adhering to safety regulations even under operational pressure.
What it means for employers
Employers should consistently enforce workplace safety rules and policies. Clear communication regarding expectations and consequences for non-compliance is crucial. While leniency may be appropriate in some circumstances, repeated breaches warrant disciplinary action, up to and including dismissal. Documenting warnings and providing opportunities for employees to respond to concerns are important.
What it means for employees
Employees have a responsibility to follow lawful and reasonable directions from their employer, particularly regarding safety protocols. Disregarding instructions, even under pressure, can lead to serious consequences, including dismissal. Understanding company policies and seeking clarification when unsure is essential.
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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 →