Ken Hardisty v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Ken Hardisty, an individual, appealed against a decision of Mr Enright, a Commissioner of the Fair Work Commission, regarding a matter that arose from his dismissal by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union). The Union dismissed Hardisty after finding him guilty of serious misconduct, specifically for breaching the union's code of conduct by making derogatory comments about the Union’s political affiliations and its support for the Australian Labor Party. The Fair Work Commission was asked to determine whether the dismissal was harsh, unjust, or unreasonable.

The primary legal issues before the court were whether Hardisty's comments constituted serious misconduct warranting dismissal and whether the dismissal was procedurally fair and substantively reasonable. The Union argued that Hardisty's comments were a breach of the union's code of conduct, justifying dismissal. Hardisty, on the other hand, contended that his comments were not sufficiently serious to merit dismissal and that the process was flawed.

The Fair Work Commission held that Hardisty's comments did indeed constitute serious misconduct as they breached the union's code of conduct. The Commission further found that the Union's decision to dismiss Hardisty was procedurally fair and substantively reasonable. The court emphasised the importance of maintaining a harmonious workplace environment and the union's right to uphold its code of conduct. The court was satisfied that the Union had acted within its rights and followed a fair process in dismissing Hardisty.

The appeal was dismissed, and the original decision of Mr Enright was upheld.