Australia Post Driver Loses Unfair Dismissal Case Over KFC Lunch Run, July 23

A 36-year veteran Australia Post driver has lost his unfair dismissal claim after the Fair Work Commission found his dismissal was fair and reasonable. Deputy President Tony Saunders ruled the worker engaged in serious and wilful misconduct when he drove a company van to Mayfield KFC on May 7, 2025, without permission, ignored 17 text messages from management, and refused to account for his whereabouts to supervisors.

What the driver did on May 7

The worker was rostered for a delivery run and entitled to a 30-minute unpaid lunch break at 10:40am. Instead, he drove an Australia Post vehicle to KFC without notifying his supervisor. He was absent for more than an hour and left his shift 30 minutes early without authorisation, citing an outdated workplace practice called “early fly”. When asked by a supervisor the next morning where he had been, he refused to answer, declaring it was “none of their business”.

Why the Fair Work Commission sided with Australia Post

Deputy President Saunders found Australia Post acted fairly and reasonably in sacking the worker. The driver was required to notify his supervisor if taking a lunch break at a different time or location. He also failed to communicate when absent on 19 occasions and could not be reached. The FWC ruled his repeated refusal to follow directions and communicate with management justified his termination.

The ‘evasive’ comment and retirement remarks

When a supervisor asked why the driver was being evasive about his whereabouts, the driver completed the supervisor’s sentence, saying “evasive?” to which the supervisor agreed: “Yeah. That’s the perfect word.” Australia Post also alleged the driver told a manager he was “going to have some fun for the next two years” and “probably have another two years left before I retire.” The worker denied making those comments. The tribunal found the worker was unreasonable and disrespectful when asked to explain his conduct.

What this means for workers and employers

The ruling reinforces that employees must follow workplace procedures and communicate with supervisors, even long-serving staff. Employers can dismiss workers for serious misconduct if proper process is followed. The case shows the Fair Work Commission will uphold dismissals when workers ignore directions, fail to account for their time, and are evasive with management, regardless of length of service.

Final Thoughts

The Fair Work Commission’s decision backs Australia Post’s dismissal of a 36-year employee for serious misconduct. Workers cannot avoid accountability by being evasive or ignoring supervisor directions, even with decades of service.

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