The Fair Work Commission has confirmed the immediate termination of a logistics employee was lawful after he operated a pallet jack in a “knowingly and reckless” manner near co-workers, with the decision labelling his conduct “a textbook example of how a pallet jack should never be driven”.
The employee had worked at Star Track Express Pty Ltd’s Greenacre facility in New South Wales since 2013 and served as a Transport Workers Union delegate on site.
His employment was terminated without notice following incidents in December last year, which were captured on the company’s security cameras and corroborated by multiple witnesses. The footage showed him operating the pallet jack dangerously close to other staff members without the required spotter present.
The employee was also observed hurling packages into freight baskets and recording video of workers and cargo within the employer’s restricted area.
The worker lodged an unfair dismissal claim with the FWC, telling Deputy President Gerard Boyce that Star Track had singled him out due to his involvement with the TWU.
However, after examining the security footage and considering witness testimony, Deputy President Boyce determined the employee’s operation of the pallet jack represented a severe safety violation that formed “a valid and stand-alone reason for [his] dismissal”.
The Deputy President noted the worker held certification as a load shifting equipment (LSE) operator for Star Track, a qualification that involved him committing “to himself, other employees, and his employer, that he will at all times operate any LSE that he drives in a safe and responsible manner”.
Deputy President Boyce highlighted that Star Track maintained an explicit LSE policy mandating that pallet jack operators must have a spotter present during operation.
The worker had attended at least two recent workplace safety briefings where this requirement was discussed, leaving no ambiguity about his knowledge of the policy, the Deputy President determined.
The security footage revealed the employee driving the pallet jack straight into a loaded trolley, forcing fellow workers to “scramble out of the way”, Deputy President Boyce observed.
The video showed staff members and trolleys surrounding the moving equipment, yet the worker persisted in driving and pushing ahead as colleagues attempted to clear obstacles from his path, he said.
The Deputy President characterized the employee’s behaviour as “a textbook example of how a pallet jack should never (ever) be driven, whether that be in [Star Track’s] workplace, or any other workplace”.
This was not a safety matter “where one splits hairs over the minutia” regarding how the allegation was presented – it constituted an unambiguous safety breach justifying immediate dismissal, he concluded.
Deputy President Boyce dismissed the employee’s allegations of victimization related to his union involvement, emphasizing it “would have been wrongful for [Star Track], having regard to its non-transferrable obligations under” the NSW Work Health and Safety Act 2011, not to address the allegations with the worker.
The Deputy President concluded the dismissal grounds were legitimate, and the employee received appropriate notice and opportunity to respond with union representation present.
