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Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.

Acknowledging the employee's past policy breaches, the full bench said the employer hadn't shown they were serious enough to establish a loss of trust and confidence in his ability to comply in future.

Veolia Recycling and Recovery sacked the garbage truck driver in July last year, for repeated safety breaches over the previous nine months. He claimed unfair dismissal, arguing he had been targeted due to his industrial activity as a union delegate.

The Commission heard the employee had received a written warning after two at-fault vehicle crashes in October 2023, and another for breaching company policy and reasonable directions to drive safely...