Barefoot King Island builder with ‘smart arse’ comments fails to get job reinstated in unfair dismissal case

A ‘smart arse’ builder who fell through a ceiling with no boots on has failed to get his job back. However, he’s proved the way he was sacked was unreasonable. FIND OUT WHY >>

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A “SMART arse” King Island builder who fell through a ceiling while working barefoot, injured himself after insisting on using his personal saw, and allegedly belittled his colleagues with “snide” comments has proven his dismissal was “harsh and unreasonable”.

Sean Kennedy, 40, has been awarded more than $4000 in compensation after the Fair Work Commission found he was given insufficient warning his employment with Currie-based building company A M Milsom was at risk.

However, Mr Kennedy has failed to prove his dismissal was unfair and that he should be reinstated in his job – with Commissioner Tim Lee noting his reckless attitude and “quite frankly absurd” excuses for failing to follow safety instructions from his superiors.

Mr Kennedy was sacked in May 2020 after working with the company for just over a year as a mature age apprentice carpenter/joiner.

A few days before he was dismissed, Mr Kennedy was working on a construction site at the King Island Council Shed when he allegedly failed to help his co-workers lift a heavy beam.

His boss told him his job was in jeopardy if “his bad attitude did not change”, telling him he was difficult to work with.

Currie port on King Island. Picture: KATELYN BARRY

The following morning, Mr Kennedy was informed his employment was terminated – his boss saying he “had no choice” but to let him go.

A few days later, Mr Kennedy filed an unfair dismissal claim.

The company replied that he had a disruptive attitude and refused to follow safety instructions, alleging he’d had bare feet while installing a window, and on the same day put his foot through a cement ceiling sheet – leaving three other men to repair the damage.

A M Milsom also claimed Mr Kennedy made constant belittling, snide and scathing remarks to his colleagues, behaving as if he knew more than his “far more experienced” workmates.

The company said he refused to follow direction, using his unsafe personal angle grinder at the King Island Racing Club, subsequently injuring himself and requiring medical attention.

Commissioner Tim Lee, in his newly published judgment, said while Mr Kennedy had contributed to his dismissal through his misconduct, he was not given sufficient warning that he could lose his job, other than the day before he was sacked, and was not given a chance to respond.

“While … I am satisfied that the applicant was repeatedly warned about his conduct, these warnings did not include a warning that his employment was at risk,” he said.

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