A WODONGA manufacturer that sacked an employee for “skylarking” on a forklift was well within its rights, the independent workplace tribunal has found.
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The Fair Work Commission on Friday rejected an unfair dismissal claim by Joel Henderson, after his position at Bradken Resources was terminated.
Bradken, which manufactures products for mining and quarrying, sacked Henderson after another employee reported him for deliberately reversing his forklift into a colleague on February 20 this year.
The commission was told that Henderson had been parked in front of pallet racking that another forklift driver Shane Rixon needed.
Henderson moved forward slightly but then stopped and Mr Rixon appeared to accidentally hit the rear of his forklift.
The witness said Henderson then intentionally reversed his forklift into the front tines of Mr Rixon’s, when he could have driven forward and out of the way.
Mr Rixon moved forward as if to try and lift Henderson’s forklift, and the two then spoke briefly and laughed before going their separate ways.
The witness reported it to the leading hand and maintained the actions of both drivers were deliberate and that “in my view the two were being what I call idiots”.
Asked if it could have been an accident, the witness said the initial collision could have been, but Henderson “intentionally moved the gear stick ... because if you’re forklift forward (sic) you shouldn’t be able to spontaneously move backwards”.
Henderson denied that it was deliberate.
He said he thought Mr Rixon was looking for something so reversed to offer his help, but misjudged the situation and did not stop moving in time.
When asked if he laughed at the incident he said: “Oh you just laugh at it like ‘What the?’... it was a minor incident, nothing to be too concerned about”.
Henderson was sent home and returned the next day for a meeting with management, at which he was sacked.
The commission was told Henderson had had a number of written warnings previously for a range of matters including leaving the workplace without permission after arguing with a leading hand.
Senior deputy president of the commission, Johnathon Hamberger, said he found the key witness’ version of events the most credible and there were valid reasons for Henderson’s dismissal.
“This was not simply a case of a minor collision,” he said.
“Rather, both men were engaged in skylarking in a manner completely at odds with the safe operation of a forklift.
“Forklifts ... should be driven in a safe and careful at all times.”