The Fair Work Commission has upheld the dismissal of a long-term Australia Post driver who was fired for unauthorized use of a company vehicle and a repeated failure to follow workplace instructions. Deputy President Tony Saunders ruled that the driver’s conduct—which included taking an Australia Post van to KFC without permission—amounted to serious and wilful misconduct, effectively ending a tenure that spanned more than three decades.
Misconduct and the unauthorized KFC trip
The dispute centered on events occurring on May 7 of last year, when the driver was absent from his duties for over an hour. According to the Fair Work Commission’s findings, the employee utilized an Australia Post vehicle for a non-work purpose, specifically driving to a KFC restaurant. While the driver was entitled to a 30-minute unpaid lunch break, he failed to take it at the scheduled time of 10:40 a.m. and neglected to inform his supervisor of his whereabouts or his change in schedule.
Beyond the unauthorized lunch trip, the driver left his shift 30 minutes early that same day without authorization. When questioned by management, the driver refused to explain his actions, eventually telling his supervisor to “make an appointment” if they wished to speak with him during work hours. During this exchange, when the supervisor asked why he was trying to be “evasive,” the driver offered the word “evasive?” to which the supervisor responded, “yeah. That’s the perfect word.”
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The Fair Work Commission noted that the driver’s actions went beyond a single incident. The company presented evidence that the employee failed to attend work or communicate his absences on at least 19 occasions within a single month.
A pattern of non-attendance and ignored warnings
Australia Post management attempted to contact the driver repeatedly over the course of the month in question. Records show that supervisors sent approximately 17 text messages requesting the driver to contact the office regarding his unexplained absences. The driver claimed he ignored the messages because he suspected they were a “scam,” an explanation Deputy President Saunders deemed not credible, noting the driver provided no reason why he did not simply call the workplace to verify the requests.
The commission also addressed allegations that the driver told his supervisor he was “going to have some fun for the next two years” before his planned retirement. While the driver denied making the comment, the commission favored the company’s version of events, concluding that the driver was “playing games,” which included blocking text messages and responding to work inquiries only after hours when he knew the work phone was not being manned.
Mental health, stress, and the legal threshold
The driver’s legal team presented medical certificates indicating he suffered from an “acute stress reaction” and ongoing mental health difficulties. In response, Australia Post had previously adjusted his roster to reduce work volume and time pressure. Deputy President Saunders acknowledged that these health challenges impacted the driver’s ability to respond to workplace directions.
However, the commission ultimately ruled that these factors did not excuse the sustained refusal to cooperate with the employer. Saunders stated that while the driver’s age and long service record made the prospect of finding new employment difficult, his behavior was “repugnant” to the employment relationship. The ruling emphasized that a meaningful employment relationship cannot exist when an employee demonstrates an ongoing failure and refusal to co-operate with their employer.
Frequently Asked Questions
Can an employee be fired for a single unauthorized lunch break?
In this case, the dismissal was based on a cumulative pattern of behavior, including unauthorized vehicle use, repeated unexplained absences, and a refusal to communicate with management, rather than a single lunch break incident.
What is the role of the Fair Work Commission in such disputes?
The Fair Work Commission acts as an independent umpire to determine if a dismissal was “harsh, unjust, or unreasonable.” They weigh evidence from both the employer and the employee to decide if the termination was justified under Australian workplace law.
Does a medical diagnosis protect an employee from dismissal?
While employers must consider medical conditions, a diagnosis does not grant immunity from workplace conduct standards. The commission evaluates whether the employee’s conduct, even when influenced by health issues, renders the ongoing employment relationship untenable.
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