A chef’s sacking has been upheld in the Fair Work Commission after he failed to follow an HR manager’s reasonable instructions, made discriminatory remarks, and provided ‘malleable’ doctor certificates that compromised his credibility. 

The head chef was dismissed from Meedac Incorporated, an Aboriginal Corporation, for purported misconduct in October 2021. 

The chef had been running Inspirations Motel located in a rural community north of Western Australia since its commencement in 2018. Meedac Incorporated recruited an HR manager to ensure compliance with workplace health and safety laws. 

The HR manager noted that employees who left the business listed ‘not being able to work with” the chef as a reason.  

The allegations 

Six allegations were put to the chef during his employment: 

1. Encouraging employees to forget instructions given by management or HR as “you are their ‘boss’, and they will do it your way or no way at all.”

2. Making regular jokes about an Indigenous employee’s culture and body odour, other nationalities, dark skin colour, and the Lesbian, Gay, Bisexual, Transgender, Intersex, Queer  (LBGTIQ+) Community.

3. Attending work when he had been declared totally unfit for work by his treating doctor. Yet, he was able to call his doctor to get verbal consent to be fit for work on specific days and weekends. He also did not provide a medical certificate when instructed to get one. Finally, saying to the HR manager, “you’ve got more problems than my certificate. I have things to do”, and hung up the phone on her.  

4. Not attending a meeting with HR when requested, offered an excuse as to why he would not attend the meeting and said she “had no right to demand your presence and that you would come in when you could.” 

5. In a meeting that went ahead, the HR manager said he put his hand in her face and said words like "I can't hear you" and "I am not listening to you".

6. Reportedly saying to employees that the only reason they were making a workers compensation claim was to get their own back on the HR manager who they wanted sacked and hoped that the workers compensation claim would result in the HR manager’s employment being terminated

7. Finally, failing to provide copies of rosters and menus to management. 

The findings: lack of evidence and contrived

An initial observation by deputy president Abbey Beaumont was a "striking paucity of direct evidence" to support some of the allegations levelled against the chef.  Likewise, the chef only provided "bare denials" of the allegations.

The unfair dismissal case came down to "an assessment of the truthfulness" of the chef and the HR manager’s accounts and credibility.

The doctor was a friend of the chef who had written an initial WorkCover certificate stating the chef would retire at the end of 2021, which was his employer’s understanding. However, a revised certificate was issued claiming a mistake had been made, and the retirement date was in March 2022. This occurred after the chef realised the Fair Work Commission considered anticipated employment periods when calculating compensation. 

Therefore, deputy president Beaumont found the chef’s credibility “severely compromised”, the evidence “disturbingly contrived”, and its timing “more than coincidental.” 

The HR manager’s evidence was preferred. 

The outcome: no excuse for discourteous conduct

The dismissal was a valid reason based on the chef conversing and behaving disrespectfully with the HR manager. He was required to act on the HR manager’s lawful and reasonable directions. 

Deputy president Beaumont said there "was no excuse for his discourteous conduct" and dismissed the application.

Read the judgment

Mr John Bell v Meedac Incorporated [2022] FWC 905 (20 April 2022)