Termination upheld for employee who sent disrespectful emails after safety incident

The Fair Work Commission has rejected an unfair dismissal claim from an employee who sent a series of disrespectful emails to managers complaining about the conduct of a safety investigation following a vehicle incident on site.

‘Mr I’ commenced employment as a casual stevedore on 26 May 2023 with Qube Ports Pty Ltd at the port of Brisbane. He had previously worked for Qube in a similar role between December 2020 and February 2023, although his previous service did not impact upon his termination.

On 14 April 2024, Mr I was involved in a collision with an Australian Amalgamated Terminals (AAT) taxi. As per company policy, he was stood down, awaiting the outcome of an investigation. Mr I maintained that the taxi was at fault and raised initial concerns that the investigation had not been led by the OHS officer on the site.

From Qube’s perspective, the investigation indicated Mr I had caused the accident and also raised concerns that he had left the accident scene rather than remain at the scene.

In evidence before Commissioner Sharon Durham, there was confusion between the parties as to whether a disciplinary outcome was to be imposed on Mr I for the incident. It was not disputed, however, that he returned to the roster and commenced his first shift on 11 May 2024.

Unfortunately, Mr I then proceeded to send a number of disparaging emails to various Qube staff over the following days, including the Shift Manager, the OHS Officer, the Terminal Manager, and the General Manager of Industrial Relations. The emails included claims that the investigation was biased, claimed certain identified employees made false allegations and lied, and that he had been subject to bullying and intimidation.

Qube has an Employee Handbook and a Code of Conduct and Ethics outlining the standards and expectations for all employees. The Code states that employees must at all times demonstrate behaviours of honesty, integrity, quality and trust. Qube believed Mr I had breached the Code through his emails and, following the issue of a Show Cause letter on 24 May 2024, terminated his employment on 10 June 2024.

In submissions before Commissioner Durham, Qube made it quite clear that despite believing he was at fault in the vehicle incident, the termination was due to his behaviour after the incident. It was likely that he would have only received a written warning.

In upholding the termination, the Commissioner noted, “Mr (I’s) conduct demonstrated a lack of respect for Qube’s management, was discourteous, was disingenuous, and was inconsistent with his obligations under the Handbook, and the Code … Consequently, Qube’s decision to dismiss Mr (I) was sound, defensible and well-founded”.

The application was dismissed.

Mr CI v Qube Ports Pty Ltd [2024] FWC 3605 (30 December 2024)

For queries about investigations or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 1300 925 529, 0417 622 178 or via email to dean.cameron@workforceadvisory.com.au.

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

Ref: 488.0225