‘Evasive’ postie who drove to KFC on lunch break loses job

A postie who drove his Australia Post truck to KFC on his lunch break without permission and admitted to being “evasive” about his whereabouts during work hours, has failed to win back his job after being sacked.The Newcastle man, who was employed by Australia Post for more than three decades before losing his job last year, said his dismissal was harsh, unjust and unreasonable, but was ultimately found to have engaged in serious and wilful misconduct by the country’s fair work umpire.A postal driver in NSW was dismissed after taking an Australia Post van to KFC on his lunch break without permission.APThat included being absent from duty for more than an hour on May 7 last year, and during that time, using an Australia Post vehicle for a non-work purpose – by his account, driving to KFC – without seeking permission and failing to tell his supervisor where he was or what he was doing.While he was entitled to a 30-minute unpaid lunch break, the driver did not take that break at the specified time of 10.40am. “[He] was required to let his supervisor know if he was taking a lunch break at a different time or location,” Fair Work Commission deputy president Tony Saunders said.On the same day, the driver also left work 30 minutes early without seeking permission.Australia Post alleged the man was unreasonable, disrespectful, and acted inappropriately when asked by his supervisor to account for where he had been: first, refusing to speak, then telling his supervisor to “make an appointment” if speaking to him during work hours – a requirement Saunders said was unreasonable.When the driver refused to answer the question about his whereabouts, his supervisor asked: “why are you trying to be ...” While the supervisor had paused and was thinking about how to answer the question, the driver offered, “evasive?” to which the supervisor responded: “yeah. That’s the perfect word.”Australia Post also alleged the driver had told his supervisor that he was “going to have some fun for the next two years.” When asked what he meant, the driver allegedly said: “I probably have another two years left before I retire.”While the postie denied this exchange had occurred, the commission preferred Australia Post’s evidence on the alleged discussion, with Saunders saying the driver did “have some fun” by “playing games” with the company. Those games included replying to the company’s queries after hours when he knew the work phone was not being manned, and blocking text messages about his non-attendance.Australia Post also claimed the driver failed to attend work or to contact them regarding absences from work on at least 19 occasions over the course of a month, constituting repeated failures to follow reasonable directions.The Newcastle man was employed by Australia Post for more than three decades before losing his job last year.Jason SouthDuring that month, the man’s supervisor and several other managers sent about 17 text messages to his phone, on an almost daily basis because he had not attended work or said he would be absent, requesting him to call work to discuss the situation.“[The man’s] evidence in relation to these text messages was not credible,” Saunders said. “He said he thought the text messages might have been a scam, but ...[he] could not give a satisfactory explanation as to why he did not simply call his workplace to check whether the text messages were genuine.”The driver had been diagnosed as having “acute stress reaction” and had therefore been rostered on to work with reduced time pressure and lower volume. Medical certificates presented to the commission also showed he was suffering from mental health difficulties, which Saunders acknowledged had impacted the way in which the driver responded to the directions and requests from his employer.But Saunders said while the driver may have trouble finding an alternate job given his age and long employment history in one job, and would possibly face a difficult time from a financial perspective, his conduct was of “such a grave nature” as to be “repugnant” to the employment relationship.“A meaningful employment relationship cannot exist when an employee demonstrates an ongoing failure and refusal to co-operate with their employer,” he said.A spokesperson for Australia Post said the company welcomed the Fair Work Commission’s finding.“We play an important role in delivering for the community and have high standards of conduct for all team members,” they said.The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.From our partners