the Applicant v FedEx Express Australia Pty Ltd
Citation: [2026] FWC 2600
At a glance
- Employees affected
- 2
What happened
the Applicant was employed by FedEx Express Australia Pty Ltd as a Leading Hand Delivery Driver from December 2020 until January 2026. On November 10, 2025, he dropped a package containing sulphuric acid, causing burns to himself and another employee. An investigation found the Applicant breached safety procedures by dropping the package and failing to respond appropriately to the spill. FedEx dismissed him on January 28, 2026, for serious misconduct. the Applicant subsequently filed an unfair dismissal application.
What was decided
The Fair Work Commission found that the Applicant’s conduct was careless and negligent, breaching FedEx's policies. While acknowledging he suffered shock after the incident, the Commissioner determined his dismissal was harsh due to inconsistencies in disciplinary treatment compared to another employee involved. The Commission ordered reinstatement with continuity of employment and a limited order for remuneration lost due to misconduct.
What it means for employers
Employers should ensure consistent application of disciplinary procedures, particularly when dealing with similar incidents involving multiple employees. Regularly reviewing and enforcing safety protocols is crucial, as are providing adequate training and addressing procedural breaches by all staff, not just the employee subject to dismissal.
What it means for employees
Employees who believe they have been unfairly dismissed should consider lodging an application with the Fair Work Commission. Demonstrating remorse and accepting responsibility for actions can positively influence a decision, even if the conduct was negligent or resulted in harm.
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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 →