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Mask-resisting on-hire worker was fairly dismissed

A labour hire worker who was banned from a site for "aggressive" behaviour has failed to prove he was unfairly dismissed.

The Hired Labour truck driver was first warned his behaviour was unacceptable after an incident in October 2021, when he attended a petrol station and refused to wear a mask, as was required at the time.

He was reported to the police, who took him to hospital after he made some concerning comments. At the hospital, he allegedly made racist remarks toward the attending doctor.

In December, the worker again refused to wear a mask while making a delivery to a Woolworths depot. He claimed to have a medical exemption, but didn't show any evidence of it. After that incident, Woolworths told the employer the worker was banned from entering its site due to his aggressive behaviour.

In unfair dismissal proceedings, Hired Labour's HR manager told the Fair Work Commission she warned the worker after the first incident that his actions breached the company's behaviour policies and put its reputation at risk; she said if he continued to behave unacceptably his employment would be terminated...