The Fair Work Commission has upheld the dismissal of a veteran Australia Post driver who took a work vehicle to KFC during his lunch break without permission and failed to communicate with managers about absences.
36-year career ends over misconduct
The Newcastle-based worker, who had been employed for 36 years, was dismissed in September 2025 after the Australian Postal Corporation alleged serious and wilful misconduct. The former driver and sorter argued his dismissal was harsh, unjust and unreasonable, but the commission sided with the employer.
Deputy President Tony Saunders found there was a valid reason for dismissal and that the worker had been afforded procedural fairness.
Unauthorised KFC run and missed breaks
Australia Post cited several reasons for the termination, including that the worker did not seek permission to use a work vehicle to get lunch at KFC in Mayfield on May 7, 2025, and failed to inform a supervisor of his whereabouts. He was entitled to a 30-minute unpaid lunch break but did not take it at the scheduled time of 10.40am and was absent for more than an hour.
Saunders said the worker was aware he was required to let his supervisor know if he took lunch at a different time or location. The worker was also accused of being unreasonable, disrespectful and evasive when questioned, allegedly telling a manager: “I’m going to have some fun for the next two years” and “I probably have another two years left before I retire.” He denied making those comments.
Pattern of unauthorised absences
Australia Post also alleged the worker left work 30 minutes early without permission multiple times and could not be reached on 19 occasions between May 23 and June 26, 2025. Managers sent about 17 messages to his mobile phone, asking if he was OK because he had not notified them he was not coming in. The worker claimed he thought the messages were a scam, despite responding to two of them.
Saunders said the worker did not give a satisfactory explanation for not calling his workplace to check the messages. “It is crystal clear from these responses that (the worker) knew that the text messages were being sent to him by his employer,” he said. The deputy president noted that sending responses after hours, when the work phone was unmanned, was one of the “games” the worker was playing. The worker also admitted to blocking the text messages at some point.
Mental health considerations
The worker was on a reduced workload after being diagnosed with acute stress reaction. Saunders acknowledged the worker was “clearly suffering from mental health difficulties” from May until his dismissal, but did not accept that he believed he was on authorised sick leave or that he was incapacitated and unfit for work.
Conduct repugnant to employment relationship
Saunders described the worker’s conduct as “of such a grave nature as to be repugnant to the employment relationship,” citing his unwillingness to comply with lawful directions to speak with managers, contact his employer about absences, obtain permission to leave early, or notify supervisors about lunch breaks. While the dismissal was difficult personally and financially, Saunders did not consider it disproportionate to the gravity of the conduct.
Australia Post welcomed the commission’s findings. A spokesperson said: “We play an important role in delivering for the community and have high standards of conduct for all team members.”
