The two dismissed employees, Nathan Rollason and Jonathon Rowland, were both found suitable for dismissal on Friday for drinking just inside the front gate on Middle Road, about 1.4 kilometres from the pit top facilities.

While the Construction, Forestry, Mining and Energy Union argued that management knew and condoned the practise of having a beer after the end of a three-week roster, this was denied by management.

The drinking location was also about 30 metres from a sign advising that drugs and alcohol were prohibited onsite.

Tribunal Senior Deputy President Anne Harrison said the employees were not children and management should not be required to closely supervise their behaviour, and should also be able to trust that workers behave sensibly.

But the two unfair dismissal cases also delved into the nature of sexual harassment claims against both Rollason and Rowland.

Both were accused of flashing their genitals to fellow “A crew” member Ben Donaldson as part of a general campaign of harassment against him.

In the case Rollason was further accused of “openly masturbating” in the transport from the pit top to the work site.

The total journey takes about an hour, including 1300m down in a dolly car and then another 7km in a personnel transporter.

Rollason, who was first employed in November 2007, was also accused of drawing male genitalia on Donaldson’s hard hats and other PPE.

In regards to the drawings, another worker in the crew, Luke Chaffey admitted to drawing male genitalia on Donaldson’s PPE, plus placing footpowder in Donaldson’s helmet for him to discover after he returned from leave.

Chaffey told mine management in an interview it was part of a game with participants also placing blame on other crewmembers.

Chaffey did not see the behaviour as abuse but was dismissed for his admissions.

While Chaffey was not subject to a case, his interview provided evidence of harassment against Donaldson to the tribunal.

Rowland was accused of flashing Donaldson while they were both underground in an area known as the “100 section”

While Donaldson voiced his objection, Rowland was then alleged to have done the same to another crew member, Matt Lee.

Lee subsequently resigned.

“I can see where this is going and I don’t want any part of it,” he said according to mine management.

“I want to have a career in mining. I don’t want to be ostracised.”

His comments were also recalled by a human resources assistant at Austar.

“I just need to get away from here, I don’t want to be involved,” he said according to the HR assistant.

Other evidence of harassment came from some unwanted and offensive additions made to a Christmas shopping list found in Donaldson’s trousers, with a handwriting expert brought in to confirm they were not written by Donaldson.

“I am satisfied that the employer had a valid reason for the termination of Mr Rowland and Mr Rollason,” Harrison determined.

“Consuming alcohol onsite is sufficient.

“There can be no other reason for Mr Rowland to write offending comments on Mr Donaldson’s Christmas list than to humiliate and embarrass him.”

She said the specific evidence in respect to the other allegations led to a “comfortable satisfaction that, on the balance of probability, those events as deposed by Mr Donaldson did occur”

“The conduct attributed to Mr Rollason and Mr Rowland is reprehensible and intolerable,” she said.

“The hypocrisy and arrogance of the arguments cobbled together in an attempt to explain and defend the indefensible is astonishing.”

Donaldson alleged he became subject of bullying behaviour from Rowland because he did not participate in crew social activities.

He also suspected Rowland, who worked in the roofbolting crew, was irritated with him because he was the continuous miner driver.

Donaldson argued that Rollason targeted him after he stood up for a cleanskin and suggested Rollason back off from the new worker.