Peter Lambos was a bus driver with
the ACT Internal Omnibus Network.
In September 2014 he was having
problems with his driver’s seat and complained about it to a manager.
Three months later, the problem
persisting, he contacted his employer’s workplace health and safety
coordinator.
There was a dispute as to what Mr
Lambos actually said to the coordinator in their conversation but it was not
disputed that he mentioned “Columbine”, a reference to the spree killings at
Columbine High School in the United States in 1999.
Mr Lambos was suspended on full pay
whilst the employer investigated what it regarded as serious misconduct
constituted by:
- Mr Lambos allegedly saying “If ACTION touch me this will be another Columbine”;
- Inappropriate behaviour to colleagues in breach of the respect equity and diversity framework constituted by accusing management of being corrupt.
After the investigation was held, which took some months, Mr
Lambos was terminated from employment for serious misconduct.
Commissioner Kovacic found the serious misconduct established
and that the consequent dismissal was not a harsh, unjust or unreasonable
response: Lambos v ACT Government as
represented by the Territory and Municipal Services Directorate [2016] FWC
3835.
All Mr Lambos wanted was a driver’s seat that did not “bottom
out” causing jarring injuries but the way he went about trying to get something
that was perfectly reasonable led to him not only not having a proper seat but
also not having a proper job.
