Pranks in some workplaces are a way to galvanise a team or a group of people as well as having a bit of fun. But in other workplaces (and some might say in most places) this has the opposite effect. Australia Post and a group of female postal delivery officers had to deal with a prank involving x-rated lollies.
Possingham v Australian Postal Corp [2024] FWC 3358
In the case of Possingham v Australian Postal Corp [2024] FWC 3358, a prank gone wrong had led to the dismissal of an employee. The applicant was actively involved in a plan to send a sexually explicit lollies to a young female co-worker, which constituted serious and wilful misconduct in breach of the employer’s policies.
It was also found that the applicant breached confidentiality obligations during the investigation and was dishonest to investigators about this breach.
Some Key Facts
- The applicant was employed as a postal delivery officer by Australia Post from January 2017 until 21 June 2024.
- On 21 March 2024, the applicant agreed with two colleagues to send an anonymous sexually explicit product to a young female co-worker as a prank.
- The parcel was delivered on 3 April 2024, causing distress to the recipient.
- The parcel sent to the young female co-worker contained a packet of X-rated love heart confectionery with sexually explicit messages such as “bl*w me”, “eat p***y”, “*uck me”, “big *ick”, “strip me”, and “let’s *uck”
- The employee who received the parcel was a young female and originally thought male workers had sent the parcel. She was disgusted by the contents of the parcel.
- The applicant subsequently denied involvement and attempted to shift blame onto others.
- An investigation was undertaken and as a result of the findings Australia Post dismissed the applicant for serious and wilful misconduct on 21 June 2024.
- The applicant filed an unfair dismissal claim.
Workplace Investigation
The first allegation was that the applicant was actively involved in a plan to send a parcel from Sexyland to a young female co-worker, which was against Australia Post’s ethics and harassment policies. It was claimed that she knew the recipient would be uncomfortable and agreed to the plan to cause that discomfort. Despite being informed of the findings against her, she continued to deny her involvement and showed no remorse.
The second allegation was that the applicant breached her obligation to keep the investigation confidential. She was instructed not to speak to or interfere with other employees who might be involved. This obligation was repeated multiple times, and it was considered reasonable to protect the integrity of the investigation and prevent harassment or victimisation of witnesses.
The third allegation was that the applicant was dishonest during the investigation. She claimed she had not approached potential witnesses, but it was found that she had done so. The duty to be honest was deemed necessary for a fair and accurate investigation.
Reasons for Judgement
- The applicant’s involvement in sending the sexually explicit and X-rated product constituted serious and wilful misconduct, breaching the employer’s policies and employment obligations.
- Aggravating factors included the applicant’s experience, knowledge that the conduct would be unwelcome, attempts to cover up involvement, and unfounded accusations against co-workers.
- The applicant’s breaches of confidentiality and dishonesty to investigators during the investigation process further supported the dismissal.
- Despite some procedural issues around the timing and the detail of the allegations provided to the applicant the investigation was deemed to have followed procedural fairness, and she was given adequate opportunities to respond to the allegations against her.
- The applicant showed no insight into her wrongdoing or remorse, continuing to deny involvement despite findings against her.
Pranks and X-rated Shenanigans
It is understandable that there are workplaces which have a culture of banter, pranks and even sexually explicit jokes. However, Employers and HR teams must understand that the reactions from employees in regards to the actions can be quite serious and like this case with Australia Post, distressing.
Australia Post focussed on the breaches under their ethics and harassment policies and ensuring that management and staff know about these legal workplace obligations and duties is a starting point. From there training and enforcement is critical to reducing the risk and liability of unfair dismissal claims.
Our Employment Lawyers at South Geldard Lawyers have essential expertise in preventing these issues occurring in the first place and helping with the legal issues when they do occur. Feel free to reach out on (07) 4936 9100 or via email to Jonathan Mamaril, Director at jmamaril@southgeldard.com.au. All Employers receive an obligation free consultation.
