A Newcastle postie who used an Australia Post vehicle to drive to KFC during work hours and later admitted being “evasive” about where he had been has failed to overturn his dismissal.
The worker had been employed by Australia Post for more than 30 years before he was sacked last year.
He argued the dismissal was harsh, unjust and unreasonable, but the Fair Work Commission ultimately found he had engaged in serious and wilful misconduct.
The commission heard the man was absent from duty for more than an hour on May 7 and used an Australia Post vehicle for a personal trip without permission. He said he had driven to KFC for lunch.
He was entitled to a 30-minute unpaid lunch break, but did not take it at the scheduled time of 10.40am or notify his supervisor that he was taking it elsewhere.
“[He] was required to let his supervisor know if he was taking a lunch break at a different time or location,” deputy president Tony Saunders said.
The man also left work 30 minutes early that day without approval.
When his supervisor later asked where he had been, Australia Post said the worker initially refused to answer and told him to “make an appointment” if he wanted to speak during work hours.
As the supervisor began asking why he was being difficult, the worker offered the word “evasive?”
“Yeah. That’s the perfect word,” the supervisor replied, per Nine Newspapers.
Australia Post also alleged the man said he was “going to have some fun for the next two years”, before adding: “I probably have another two years left before I retire.”
The worker denied making those comments, but the commission accepted Australia Post’s account.
Saunders said the man did “have some fun” by “playing games” with his employer, including responding to queries after hours when he knew the work phone was unattended and blocking messages about his absence.
The commission also heard he failed to attend work or contact Australia Post about his absence on at least 19 occasions over one month.
Managers reportedly sent 17 messages asking him to call the workplace and explain the situation.
“[The man’s] evidence in relation to these text messages was not credible,” Saunders said.
“He said he thought the text messages might have been a scam, but …[he] could not give a satisfactory explanation as to why he did not simply call his workplace to check whether the text messages were genuine.”
The worker had been diagnosed with an “acute stress reaction” and had been placed on duties involving less time pressure and a lower workload.
Medical certificates also showed he was experiencing mental health difficulties, which Saunders accepted had affected how he responded to his employer.
But the commission still found the conduct remained serious enough to justify dismissal.
Saunders acknowledged that the man could struggle to find another job because of his age and long service with one employer, and could now face financial hardship.
But he said the conduct was of “such a grave nature” that it was “repugnant” to the employment relationship.
“A meaningful employment relationship cannot exist when an employee demonstrates an ongoing failure and refusal to co-operate with their employer,” he said.
An Australia Post spokesperson said the company welcomed the decision.
“We play an important role in delivering for the community and have high standards of conduct for all team members,” the spokesperson said in a statement.