A State Coroner has criticised a Dandenong South factory for its “disproportionate” sacking of an apparently drunk worker, which led to him taking his own life.
The 51-year-old father of two died at his Narre Warren home on 28 July 2020 – hours after his 17-year job at Oceania Glass was ended, Coroner Audrey Jamieson reported.
His sacking was a “clear precipitating factor” to his death and contrary to the workplace’s enterprise agreement (EA), the coroner found.
“Had the alternatives to termination as set out in the Enterprise Agreement been followed, the death would very likely have been prevented.”
The man, a long-term alcoholic, had been previously warned for smelling of alcohol at work.
On 17 July 2020, an HR manager called in the union’s site delegate to say the worker “looked off his head”.
During several meetings, the man said he had “a couple” of wines that day and was unsure if he had been over 0.05.
On the path to divorce, he twice told the delegate if he lost his job he’d kill himself. This prompted the delegate to repeatedly urge Oceania Glass to rethink its approach.
Meanwhile, the HR manager expressed concern that the worker “could have killed someone” and made the company liable for industrial manslaughter, Coroner Jamieson said.
In her report on 14 August, the coroner criticised the employer for not seeking an alternative course – such as regular or random breathalyser testing.
“There is no doubt that intoxication in this workplace poses a significant risk to the health and safety of other workers and the intoxicated person.
“However, the response … appears to be disproportionate, and the alternatives that would have mitigated these risks but also maintained (the worker’s) employment and helped him with his health problem, were not seriously considered.”
Coroner Jamieson said the termination was at odds with the EA’s emphasis on a “rehabilitative and health-based approach to alcohol misuse”.
It was “disappointing” that the HR manager and Oceania Glass declined to make a statement to the court, the coroner stated.
She recommended that Oceania Glass review the incident and ensure managers were familiar with the EA.
WorkSafe investigated possible OH&S breaches but found “insufficient evidence” to press charges, the coroner noted.
Star News contacted Oceania Glass for comment.
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