A veteran Australia Post employee who drove a company van to Mayfield KFC, ignored 17 text messages from management, and claimed he was going to "have some fun" before retiring, has lost his unfair dismissal claim.
The Fair Work Commission (FWC) ruled the driver's repeated refusal to follow directions and communicate with management justified his termination.
Deputy President Saunders found that Australia Post acted fairly and reasonably when it sacked the worker of 36 years experience last year.
The dispute arose from a series of workplace misconduct incidents in May last year.
The driver, who worked in the Hunter Van Service unit, was rostered on a delivery run tailored to accommodate an "acute stress reaction" diagnosis.
However, on May 7, after attending a meeting as a support person, the driver drove an Australia Post vehicle to KFC for lunch without notifying his supervisor.
He then departed his shift 30 minutes early without authorisation, citing an outdated workplace custom known as "early fly".
When asked by a supervisor to account for his whereabouts the following morning, the driver refused to answer, declaring that it was "none of their business"
Later that day, during a discussion with another manager, the driver acknowledged he had been evasive
"Why are you trying to be ..." the supervisor said while contemplating how to end the question, the driver then suggested, "evasive?" to which the supervisor responded: "Yeah. That's the perfect word."
Australia Post also alleged the driver had told his supervisor that he was "going to have some fun for the next two years".
When asked what he meant, the driver allegedly said: "I probably have another two years left before I retire."
The driver disputed the conversation, however, Deputy President Saunders said he preferred the supervisor's account.
The driver also refused to speak with management about his injury claims, insisting his managers needed to "make an appointment" to talk to him.
The FWC heard that between late May and late June 2025, Australia Post management made repeated attempts to contact the driver, sending about 17 text messages, making phone calls, and mailing formal letters.
The driver said he thought the check-in texts might be a "scam", however, evidence revealed he had replied to two texts late at night.
He also refused to attend scheduled disciplinary meetings, arguing he was on sick leave or lacked a support person.
The driver told the FWC that his termination was harsh given his 36 years of service, personal financial impact, and mental health struggles.
He also alleged that he had been targeted due to his role as a union representative.
Deputy President Saunders found that while the driver's long tenure and personal hardship were considerable, they were outweighed by his deliberate refusal to cooperate.
He determined the driver had been "playing games" with management and that his conduct was of "such a grave nature" as to be "repugnant" to the employment relationship.
"A meaningful employment relationship cannot exist when an employee demonstrates an ongoing failure and refusal to co-operate with their employer," Deputy President Saunders stated.
