Melbourne dock worker wins unfair dismissal case, reinstated at Qube Ports

A Melbourne dock worker has won his unfair dismissal case against logistics company Qube Ports, with the Fair Work Commission ordering the company to reinstate him and pay back wages. Robert Smith, 62, had been employed by Qube Ports in Melbourne since 2009 before he was sacked on January 15, 2025, amid accusations of workplace misconduct involving inappropriate behavior toward colleagues and a claim that he had put his penis in a co-worker’s Subway sandwich during a break in October 2024. The decision marks a rare reversal in dismissal cases where long service and age are considered factors in the assessment of fairness.

The commission’s ruling, delivered by Commissioner Scott Connolly, found that while there was a basis for disciplinary action tied to prior conduct, the circumstances of Smith’s firing were harsh, unjust, and unreasonable. The Fair Work Commission noted that Qube Ports had already issued Smith a final written warning after he showed male staff Facebook photos of bikini-clad female co-workers in a hot tub in March 2024, and argued that the more recent alleged Subway incident provided a separate, overly severe ground for dismissal. The commission said there was a valid reason connected to the Facebook episode, but emphasized that Smith had received a prior warning for that matter and should have been afforded procedural fairness before any termination decision.

Commissioner Connolly acknowledged that Smith admitted to engaging in some inappropriate behavior in the workplace—such as showing pictures of female colleagues to others and using profanity—yet he did not find sufficient evidence that Smith had used the exact words alleged in the Subway incident or that the alleged act occurred as described. The judge stated that while Smith’s conduct was unbecoming, the evidence did not conclusively prove the more extreme allegations, and that the employee had shown genuine remorse and a degree of accountability for his actions.

The Fair Work Commission highlighted several procedural shortcomings in Qube Ports’ handling of the disciplinary process. Specifically, the commission found that Smith was not clearly informed of the exact grounds for dismissal, was not given an adequate opportunity to respond to the allegations, and was treated differently from other employees in similar situations. These factors weighed in favor of the Commission’s conclusion that the dismissal was not a proportionate or fair response to the misconduct as established by the evidence.

In its decision, the commission underscored that Smith’s age, long service, and the perceived lack of proportionality in Qube’s response were important considerations. The ruling emphasized that a robust and fair process should be followed in all cases, especially for workers with lengthy tenure and substantial experience in critical ports and logistics operations. The decision did not exonerate Smith but found that the company’s approach to his termination was disproportionate to the misconduct found, and that reinstatement was appropriate to remedy the unfairness.

The Maritime Union of Australia, which represented Smith, argued that while some misconduct occurred, it did not justify dismissal and that a lesser penalty or corrective measures could have been applied. The union contended that Qube Ports had already taken corrective steps in March 2024 with a final warning and should have allowed Smith to respond to the October 2024 Subway allegation in a fair hearing. The union welcomed the ruling as a vindication of longstanding workers’ rights and procedural fairness at a time when labor relations in the sector are under scrutiny.

Qube Ports publicly opposed reinstatement, maintaining that it had legitimate grounds for dismissal and that the disciplinary process had been fair. The company said it would review the commission’s decision and determine its next steps in light of the ruling. The decision does not settle broader questions about workplace culture at the company, but it does highlight the importance of clear communication, consistent discipline, and ensuring that long-serving employees receive a fair hearing when faced with serious allegations.

The ruling has potential implications for similar cases across the Australian logistics and port sectors, where workers often navigate high-pressure environments and tight operational timelines. Legal experts say the decision reinforces the principle that while misconduct can justify discipline, an employer must apply due process, consistency, and proportionality when determining appropriate sanctions, particularly for veterans of long tenure. Analysts note that the case could influence how unions approach investigations and how companies document disciplinary actions to withstand scrutiny in future hearings.

The Fair Work Commission’s decision ultimately reinstates Smith to his role at Qube Ports and orders backpay for lost remuneration. The outcome underscores the balance courts aim to strike between maintaining workplace discipline and protecting employees from penalties that may be unfairly harsh or procedurally flawed. As Qube Ports weighs its options after the ruling, industry observers will watch closely to see how employers adapt disciplinary practices to align with the standards set forth by the commission in this case.