A technician in Brisbane, Australia, sacked for repeatedly urinating
behind a shed has got his job back after a ruling that his co-workers
were also using shipping containers as outdoor urinals.
The stench of urine was so bad at Hitec Welding in Pinkenba that several
litres of disinfectant was repeatedly spread to overpower it, and the
area was later concreted.
Boss Jozef Lewandowski also installed a porta-loo and told his workers
they must use it or make the 10 minute walk to the 11 plumbed toilets on
site.
Gregorio Garcia was sacked for “misconduct” on May 7. He was told it was
because he had failed to stop urinating behind the main workshop
despite a written warning to stop.
Fair Work Commission deputy president Ingrid Asbury found Mr Garcia
wasn’t the only one responsible for urinating in the work area and ruled
Mr Garcia should be reinstated and paid $16,900 in compensation and
superannuation.
In her decision, she found that the Hitec bosses decided Mr Garcia was
the “culprit” without sufficient evidence. The only witness was one
staffer who saw Mr Garcia “adjusting his clothing” while leaving the
area on one occasion.
“I am satisfied that Mr Garcia was not the only employee who engaged in this practice,” Deputy President Asbury found. “I am satisfied that Mr Garcia’s dismissal was unfair on the basis that it was harsh, unjust and unreasonable,” she stated. She found Mr Garcia was not properly warned about his behavior and it was questionable whether Hitec gave him a written warning. She stopped short of accusing Hitec of “fabricating” a copy of the written warning allegedly posted to Mr Garcia, saying it was “strange” that it was sent by mail when it would have been simpler to give it to him at work.
Mr Lewandowski told the Commission hearing that he caught Mr Garcia relieving himself on May 5 and when he confronted him Mr Garcia told him he would “piss where he wanted to piss”. But Deputy President Asbury rejected Mr Lewandowski’s evidence, saying it was “improbable” that Mr Lewandowski would put up with an insult from a “vulnerable” foreign worker and “beggars belief” that he would wait two days to sack him. Mr Garcia was working in Australia on a 457 visa, sponsored by Hitec for four years. It was a path that was set to lead to an application for permanent residency.
“I am satisfied that Mr Garcia was not the only employee who engaged in this practice,” Deputy President Asbury found. “I am satisfied that Mr Garcia’s dismissal was unfair on the basis that it was harsh, unjust and unreasonable,” she stated. She found Mr Garcia was not properly warned about his behavior and it was questionable whether Hitec gave him a written warning. She stopped short of accusing Hitec of “fabricating” a copy of the written warning allegedly posted to Mr Garcia, saying it was “strange” that it was sent by mail when it would have been simpler to give it to him at work.
Mr Lewandowski told the Commission hearing that he caught Mr Garcia relieving himself on May 5 and when he confronted him Mr Garcia told him he would “piss where he wanted to piss”. But Deputy President Asbury rejected Mr Lewandowski’s evidence, saying it was “improbable” that Mr Lewandowski would put up with an insult from a “vulnerable” foreign worker and “beggars belief” that he would wait two days to sack him. Mr Garcia was working in Australia on a 457 visa, sponsored by Hitec for four years. It was a path that was set to lead to an application for permanent residency.
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