Fair Work Commission overturns Qube dismissal of port worker David Jenkins
A port worker who was dismissed to jump on Australia on Australian Day before he had dinner with his partner and friends and watched an overhead fireworks show.
David Jenkins took the employer to the Fair Business Commission to dismiss Qube ports and claimed that he had taken the day to mourn his aunt’s passage.
According to the decision of the Fair Labor Commission, Jenkins, a Stevedore on Qube’s port Kembla site, was produced in January at 16:00 on the Australian Day.
However, he was told that his aunt died that morning, and in the afternoon, Mr. Jenkins applied for personal leave through Qube’s automatic system.
That night, Mr. Jenkins attended a dinner at the Lagoon Seafood Restaurant over the market overlooking the ocean and the ocean.
Mr. Jenkins saw his boss in the restaurant.
The worker approached his boss and offered to shake hands, but the boss rejected and left the restaurant.
Mr. Jenkins continued with drinks and dinner in the restaurant, stayed for a fireworks celebration on the Australian day and then went home.
The next day, Mr. Jenkins gave Qube a legal statement that he could not participate in the previous day because of family issues.
On January 28, Qube sent a letter to Mr. Jenkins that he might have entered into unacceptable workplace behavior.
Qube then suspended Mr. Jenkins without waiting for an investigation and finally terminated him on March 7.
The company argued that Mr. Jenkins abuse of disease permit rights and thus shows integrity and disrespect for the employer ”.
FWC’s background statement, “The defendant (QUBE), the applicant (Jenkins) vehicle on January 26, the step of the stepfather of his stepfather without difficulty and vehicles from the dock shows that the application of the application is fully performed, he said.
On March 27, Mr. Jenkins went to FWC on the allegation of unfair dismissal.
This week, FWC Vice President Thomas Roberts decided in favor of Mr. Jenkins, even if Stevedore concluded that he was “not particularly an impressive witness”.
Roberts said, it was weak that he remembered the details of events and conversations when he was tested, ”Roberts said.
“It was understood that he was not focused on the witness box, and instead of paying attention to every question given to him, he answered open questions with the tendency to predict an answer or give an indefinite answer.”
However, Mr. Roberts decided that Mr. Jenkins was impressed by his aunt’s passing, and Quey’s use of the law as an excuse to telephon as a sick, so that he could join the dinner later in the day.
“I also do not accept that the applicant is not affected by the family mourning, so that this will have no effect on his working capacity in the following hours,” Roberts said.
“(Qube) evaluated that the applicant could travel to his stepfather’s residence by car, but he could not fulfill his driving tasks at work.
“However, the distance traveled by the applying (ten) that day included only a few minutes in every way.
“This is significantly different from driving a vehicle in a full shift in the workplace.”
Mr. Roberts restored Mr. Jenkins’ position and ordered Que to pay a lost fee.
