He said no fewer than six people had taken these actions on the day he was absent from the depot.
The commission heard that the depot manager claimed the error that resulted in the embargo breach on November 16 “was not through any fault on his part”.
The depot manager, who had been employed from May 2008 until late November last year, was dismissed on the grounds of serious misconduct after a meeting in which he was also accused of workplace bullying. He said it was the first time the allegations had been put to him. He was also accused of wrongly claiming he had received training in the company’s anti-bullying procedures.
Fair Work Commission deputy president Ingrid Asbury’s judgment said XL Express had no documents and called no evidence to support the bullying allegations.
The depot manager told the commission he was not paid his long service leave entitlements because his job was terminated for misconduct.
In finding the dismissal was unfair, Deputy President Asbury ordered XL Express to pay the sacked employee $48,432 in wages, less tax and $6555 in superannuation contributions.
The commission found that although it was not a valid reason for his dismissal, the depot manager’s responsibility for depot operations “meant that he had a role in the series of events that led to the embargo breach”.
It said the dismissal was harsh because it was disproportionate to the misconduct in relation to the embargo breach.