Barefoot builder’s $ 4k in compo but loses job

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”.

The following morning, Mr Kennedy was informed his employment was terminated. 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. A M Milsom also claimed Mr Kennedy made constant belittling, snide and scathing remarks to his colleagues.

The company said he refused to follow direction, using his unsafe personal angle grinder on a job, subsequently injuring himself.

Commissioner Tim Lee said Mr Kennedy had contributed to his dismissal through his misconduct, but was not given sufficient warning that he could lose his job, other than the day before he was sacked.