Fired dock worker reinstated after lewd remark about Subway sandwich

The Fair Work Commission reinstated Robert Smith's job despite the disturbing comment. Photo / Richard Robinson

A Melbourne dock worker has his job back after telling a colleague he had put his penis in his Subway sandwich.

Robert Smith was fired from his role at Qube Ports on January 15, after he made the claim.

The 62-year-old also called the colleague a “useless piece of s***” and a “condescending c***” during the October 2024 encounter, the Daily Mail reports.

Smith alleged he had been unfairly dismissed and brought the employment dispute to the Fair Work Commission (FWC), where he admitted other incidents of misconduct.

Smith had already been given a final warning in March 2024 after he showed other staff images of his female colleagues in a hot tub.

He accepted “he zoomed into the pictures of his two female co-workers”, which he had found on Facebook.

He also agreed the conversation had not been appropriate for work.

While Fair Work Commission, with Commissioner Scott Connolly, determined Smith could have been fired for the Facebook photo incident, he found Qube’s dismissal of the wharfie was unjust.

“I am not satisfied Mr Smith is a bully or that he has engaged in conduct justifying the termination of his employment in the circumstances of the case.”

He was unsatisfied the logistics company had proved the Subway sandwich incident had occurred.

The FWC found Smith’s age, service to the company, and mistakes on Qube’s part outweighed his poor conduct.

Qube was ordered to backpay Smith in addition to giving him back his job.