Company ordered to pay $6000 to fired employee with half-shaved beard

A small trucking company has been ordered to pay thousands of dollars in compensation to a former driver who was sacked partly because of his half-shaved beard.

Martin Cochrane was fired in November last year from Queensland transport company Ambrose Haulage because it was alleged his actions were ‘having a negative impact on the business.’

The company’s director, Jamie Ambrose, told the Fair Work Commission that Cochrane was ‘disrespectful to him’ and ‘antagonistic toward his fellow employees’ and that he held the ‘very firm belief that he was left with no alternative but to dismiss [him]’.

One of Ambrose’s complaints against his former worker was the way in which he presented himself.

Ambrose claimed that Cochrane would come to work with a half-shaven beard when interacting with customers, which he believed showed a disregard for the business.

When he raised the issue, Cochrane allegedly replied: “Where is your facial hair policy.”

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Ambrose told the commission he also raised concerns with Cochrane about the way he interacted with other employees.

Ambrose alleges Cochrane responded: “I’m here to make money not friends”.

Ambrose also told the commission of an occasion where his former employee had shown him a hole in his trousers, which he believed was another instance Cochrane’s disrespect.

Cochrane on the other hand said it was meant to be ‘a humorous incident and not meant to cause offence.’

Ambrose said the final straw came when Cochrane didn’t show up for work on the evening of November 1 last year.

But as it turned out the driver who was supposed to contact Cochrane about working did not in fact do so.

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The Fair Work Commission found there was no valid reason for Cochrane to be fired and the company had failed to give its worker reasons for the termination and an opportunity to respond to those reasons.

Fair Work Commissioner Chris Simpson said an employee must be warned that he or she risks being dismissed.

“The Applicant was not clearly directed by Mr Ambrose not to wear his facial hair in the manner that he had been, Commissioner Simpson said. “

It appears Mr Ambrose indicated to [Cochrane] he did not like it, but it was incumbent on him to direct [Cochrane] to do something, and for the [Cochrane] to not do it, in order for [Ambrose] to then rely on that matter as a basis for termination.”

The Fair Work Commission ordered the company to pay Cochrane $6,016 in compensation, based on the conclusion he would have remained employed for another six weeks.