Employee wins unfair dismissal despite workplace porn
MELBOURNE: A Melbourne company has been ordered to pay a sacked garbo more than $6000 despite the Fair Work Commission ruling his conduct, which included distributing porn in the office, should have justified his dismissal.
Bin Boy, based in Laverton, in Melbourne’s west, was ordered by Commissioner Tran to pay Daniel Thomas after the driver claimed his sacking was unfair.
In early March 2025, Mr Thomas placed pornographic material in colleague’s inboxes in the drivers’ work area. He admitted doing it but said he never received the company’s formal warning.
In July, Bin Boy claimed they sent Mr Thomas a formal warning about leaving rubbish in an inappropriate location. Again the driver denied receiving the warning, but said he got a text from Bin Boy’s managing director, Matthew Barton, ordering him to clean it up, which he did.
Later in the year, Mr Thomas was subject to an extended demerit point period, where if he lost any more points, he would lose his licence for six months.
In October, Bin Boy received two speeding infringement notices which Mr Thomas admitted to despite being on the restricted demerit points.
The same month, Bin Boy sent Mr Thomas a photo of him texting while driving saying “Don’t text and drive.”
Mr Thomas replied: “What are you gonna do, sack me?”
On the day of his sacking, November 13 last year, Bin Boy sent out a WhatsApp message reminding drivers about the importance of health and safety in the workplace.
Mr Thomas responded with “Another group chat why so many this is getting a bit beyond a joke naw.”
The company formally sacked him by letter that day.
Commissioner Tran agreed Mr Thomas’ conduct could warrant dismissal had the right procedures been followed.
“I am satisfied that the conduct in each of the above matters occurred. I am satisfied that the incidents of placing pornographic materials in a staff area, texting while driving and speeding in the work vehicle are matters that would be valid reasons for dismissal.
“Placing pornographic materials, particularly in the way that was alleged, is unacceptable and inappropriate in the workplace. I do not consider that awareness of policy is required.”
“Texting while driving and speeding are offences. Where it occurs during employment, as it does here, it is inappropriate workplace behaviour.”
However, Commission Tran said, Bin Boy’s poor procedures in dismissing Mr Thomas and the company’s failure to tender evidence in their defence meant his complaint was upheld, awarding the driver $6676 for lost income.
