Reinstatement Ordered for Grieving Worker Unfairly Sacked by Qube

The Fair Work Commission (FWC) has ruled in favour of a stevedore dismissed by Qube Ports Pty Ltd after he took a day of personal leave to grieve the sudden death of a relative. The case highlights the balance between compassion, safety, and employers’ obligations when workers experience grief.

On 26 January 2025, the stevedore learned of his aunt’s death. Distressed and concerned for his stepfather, who was also grieving, he notified Qube he would not attend his 4pm shift at Port Kembla. He explained that his grief left him unfit for the safety-critical role of driving vehicles on the dock.

Reinstatement Ordered for Grieving Worker Unfairly Sacked by Qube

That evening, his partner persuaded him to briefly join friends for dinner in a local restaurant to lift his spirits. Unfortunately, he crossed paths with his operations manager at the venue. This encounter triggered suspicion within Qube, leading to a suspension, investigation, and eventual dismissal on grounds of “misuse of personal leave.”

Qube argued that his ability to drive to his stepfather’s home and dine out undermined his claim of incapacity. They insisted the funeral home death notice he provided was insufficient evidence and pressed ahead with termination.

Deputy President Tom Roberts rejected the company’s reasoning. He found:

• A five-minute drive to console family is not comparable to safely operating heavy vehicles across a full shift.

• The worker’s choice to briefly attend dinner did not invalidate his legitimate need for leave.

• After four years of satisfactory service, the stevedore’s dismissal was harsh and disproportionate.

The FWC ordered full reinstatement, continuity of service, and compensation for lost wages, confirming the absence of a valid reason for dismissal.

This decision is a reminder to employers that personal leave is not restricted to physical illness. It extends to circumstances where an employee is unfit for work due to mental health impacts, including grief. Dismissing a worker for exercising this right—particularly in high-risk industries—can expose employers to significant legal consequences.

Case Reference: David Jenkins v Qube Ports Pty Ltd (Port Kembla) [2025] FWC 2447 (22 August 2025)