FWC dismisses fired employee's claim for unfair dismissal
The Fair Work Commission (FWC) has upheld Australia Post's decision to terminate a postie who sent X-rated lollies to a colleague as part of a prank.
Rebecca Possingham, who had been with the Post for more than seven years, was among the three people who were terminated in June after they sent sexually explicit products to a colleague in the workplace.
The action was part of a prank in April after the trio discovered that the victim felt uncomfortable delivering products to an establishment called "Sexyland," which was where the products in the prank were ordered from.
The matter escalated to Australia Post management, which terminated the trio for "serious and wilful misconduct" after they violated the company's strict workplace ethics and anti-discrimination and harassment policies.
Possingham raised the matter to the FWC, arguing that her dismissal was harsh and unfair, pointing to the "absence of both a valid reason and the denial of procedural fairness individually and collectively."
The FWC ruled that the Post's decision was justified.
"I have found that Ms. Possingham engaged in serious and wilful misconduct by being actively involved in a plan to anonymously send a parcel of a sexual nature," the FWC said in the ruling. "Taking all relevant factors into account, Ms. Possingham's dismissal was not harsh, unjust, or unreasonable."
According to the commission, Possingham was an experienced employee "who ought to have known better."
"She made a foolish error of judgement, was an experienced employee who ought to have known better, failed to cure the breach, falsely denied her involvement and then tried to impose the full burden of responsibility on others," the FWC said.
"Rather than own up to her partial involvement, Ms. Possingham compounded the breach with deflection, avoidance, and denial."
In a statement, Australia Post said it welcomes the FWC's decision to uphold the dismissal.
"Australia Post is committed to ensuring we have a safe working environment and has policies in place to protect team members, with zero tolerance for breaches of this nature," a spokeswoman told news.com.au.
