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An Aussie man who was sacked for pooping twice in front of colleagues has lost an unfair dismissal tribunal.
Production technician Anthony Lear claimed he had been unfairly let go from his job at BHP WAIO (Western Australian Iron Ore) after having a poo in public.
According to documents from the Fair Work Commission (FWC), Lear pooped in 'an active work area' at the Yandi Mine in Western Australia on two separate occasions last March.
During the first of the two occasions, Lear was alleged to have done his business down a drill hole, while in the second he went on the 'collar' of a drill hole, news.com.au reports.
The FMC document reads: "This conduct occurred, said the respondent, against a backdrop of unsatisfactory workplace behaviour - which when considered with the incidents, led the respondent to dismiss Mr Lear."
However, Lear argued he was not given a valid reason for his firing and said he had been forced to go where he did because of a lack of toilet facilities on the site.
He said he covered up his poo immediately and had used the drill hole like a long drop toilet. He went on to say that he had been suffering with 'explosive diarrhoea' and that was he was in pain.
After the first incident, a colleague saw him dropping a rock down the hole and asked what he was doing, to which Lear told him: "I took a s*** down the hole."
In the second incident, Lear said he knew he would not be able to make the eight-minute drive to the nearest toilet so began to look for somewhere to go.
He told a colleague: "I need to take a s***" and "I'm about to s*** myself, turn around, turn around."
When the co-worker noticed a bad smell he asked Lear: "What are you doing? Why are you s***ing on a collar?" to which he responded: "I couldn't hold it."
The tribunal was told the toilets are about five to six minutes apart on the site, but Lear argued that it depended on traffic.
The FWC found that the employer had a valid reason for dismissing him, stating: "Mr Lear's dismissal was neither unjust, unreasonable nor harsh."
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