Tribunal rules on common sense in safety-related dismissal 

A production worker who had his employment terminated after climbing into a carpet compactor has had his unfair dismissal claim dismissed by Fair Work Australia (FWA). 

In Mr Shane Bailey v Interface Aust Pty Ltd T/A Interface Flor, the worker argued that climbing into the compactor was common practice in the workplace to push down carpet off-cuts. He also submitted that he had been trained to operate the compactor in this way by his ‘work buddy’ and that the employer did not otherwise specifically train or instruct him in relation to the use of the compactor. 

The employer denied knowledge that the conduct of the worker was common practice. The employer submitted that the worker’s conduct was not merely a safety breach but he also jumped up and down whilst in the compactor, waving his arms, giggled and informed visitors at the worksite present on the day that he was on the WH&S committee. 

The conduct of the worker therefore also served to bring the employer’s reputation in disrepute. 

FWA heard evidence that the worker had participated in safety inductions and training, as well as having received the employer’s Workplace Standards Booklet and Safety Handbook. 

Whilst the employer’s WH&S training and materials did not necessarily cover the issue of climbing into a carpet compactor, it was held that the conduct of the worker was ‘inherently unsafe’.

FWA stated that ‘whilst it would have been extremely helpful if instructions or signs had been in place, it seems common sense not to climb into machinery’. FWA accepted that the worker’s conduct amounted to serious misconduct and was a valid reason for his dismissal. 

Key Points: Whilst FWA has ruled that common sense may prevail in safety-related dismissals, it is noteworthy that the employer in this case also had policies and procedures in place for WH&S, even though they did not specifically deal with the risk in question. It is important that employers act with diligence by undertaking regular training and risk assessment regarding safety concerns in the workplace.