Mr Rudy Burkhardt v Qube Ports Pty Limited

The applicants, Mr Rudy Burkhardt, Mr Adrian Pedder, Mr Craig Miller, Mr Igor Butsenkov, Mr Richard Iki and Mr Tym Brazel, were Shift Managers who were employed by Qube Ports Pty Limited (Qube) at its Fremantle Terminal. In July 2021, some of Qube’s stevedoring workforce took protected industrial action. Qube required the applicants to perform stevedoring work during this time. The applicants refused to perform this work and were dismissed by Qube on 21 and 24 September 2021. The applicants sought an order for reinstatement, an order that Qube pay any remuneration lost because of the dismissal, and an order that Qube maintain their continuity of employment. Qube contended that the applicants were dismissed because they failed to follow a lawful and reasonable direction, and their dismissal was not harsh, unjust or unreasonable. The Commission found that the applicants were not required to perform stevedoring work and that the dismissals were harsh, unjust or unreasonable. The Commission ordered that the applicants be reinstated to their former roles as Shift Managers at Fremantle Port, that they maintain their continuity of employment, and be back paid for their lost time, including their superannuation, between the date of termination and the date of their reinstatement, less any money earnt by each applicant in the intervening period.