A boilermaker was alleged to have used a die grinder to draw a picture of a penis and words into the paint work on the roof of a tanker. His employer determined that he did so and summarily dismissed him on the basis that he had admitted to the conduct. The admission was later denied, but a colleague alleged that they had witnessed the conduct.

The boilermaker filed an unfair dismissal claim in the Fair Work Commission.

When asked why he didn’t report it at the time the colleague said: “Well, when you work side by side with people and you’re working in close quarters with everyone, and people make mistakes, people have brain farts, . . . you hope that they sort of fix it on their own”.

The Fair Work Commissioner concluded that “on the balance of probabilities, I am satisfied that the [boilermaker] drew the penis graffiti and admitted to the same”. He determined that the dismissal was not unfair and dismissed the application.

Take Out Point: Brain farts can have serious consequences.

See: Joshua Robinson v Wulguru Steel Pty Ltd

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