In a recent case, Blyth v JBS Australia Pty Ltd, the
Fair Work Commission found an employee of 13 years dismissed for
not acting in compliance with training and company policies was not
unfairly dismissed.
Mr Blyth was employed by JBS Australia Pty Ltd (JBS) as a
bandsaw operator, trainer and assessor. Since 2015, he had been
given several warnings including a written warning for breaching
the Discrimination, Harassment, Bullying and Victimisation Policy,
received written counselling for breaching the Food Safety and
Quality Assurance Policy and had a note in the Foreman Activity
Report for failing to wear safety glasses.
On 27 June 2017, several employees believed the speed of the
room, relating to the number of carcasses processed, was too fast
and felt uncomfortable. One of the employees, Mr Chuntai, called
for help as he felt stressed and needed another person in the
area.
