A postal service worker in Newcastle, Australia, has lost his final bid to get his job back after being sacked for stopping at KFC during his lunch break in his delivery van. The worker, who had been with Australia Post for more than three decades, was fired last year and took his case to Australia's Fair Work Commission, arguing the dismissal was harsh and unreasonable.
Fair Work Commission ruling
The Fair Work Commission found that Australia Post was justified in firing the man, despite his long service record. Deputy President Tony Saunders cited several major misconduct incidents beyond the KFC stop. The KFC incident occurred on May 7, 2025, when the worker visited the fast-food outlet in his delivery vehicle without supervisor permission during an unauthorized hour-long break.
He had been allotted a 30-minute unpaid lunch break at 10:40am. According to Saunders, the worker was required to inform his supervisor if taking a lunch break at a different time or location. That same day, he also left work 30 minutes early without permission.
Pattern of misconduct
When asked about his whereabouts, the worker initially refused to speak, then told his supervisor he had to make an appointment. When the supervisor began questioning him, the worker interrupted with "Evasive?"—a word the supervisor agreed was fitting. The worker also told his supervisor he planned to retire soon and intended to "have some fun for the next two years," which Australia Post interpreted as playing games and ignoring superiors.
In one month, the worker accumulated nine unexplained absences and ignored 17 messages from managers. He claimed he thought the text messages might be a scam, but Saunders noted he could not explain why he did not simply call his workplace to verify them.
Right to Disconnect laws
It is unknown why these incidents were not dismissed under Australian law, which has protected workers from adverse actions like dismissal since August 26, 2024, under the Right to Disconnect laws. These laws allow employees to refuse engagement with employers outside designated shift times in some circumstances.
Saunders acknowledged the worker might struggle to find another job due to his age and long tenure but ruled that Australia Post was justified in firing him due to the "grave nature" of his misconduct. "A meaningful employment relationship cannot exist when an employee demonstrates an ongoing failure and refusal to co-operate with their employer," Saunders said.
The worker presented medical certificates showing an "acute stress reaction" from interactions with his employer. Australia Post said it had responded by reducing his workload and time pressure. The Fair Work Commission ultimately ruled in favor of Australia Post, which welcomed the decision.
