Train Driver Loses Legal Battle After Nazi Salute Dismissal Upheld
A long-serving train driver dismissed for allegedly giving a Nazi salute while on duty has lost his legal challenge to overturn the termination. The Fair Work Commission has upheld rail operator Pacific National's decision to sack Eric Jordan, finding clear and compelling CCTV footage showed he performed the gesture twice at Mittagong Railway Station in New South Wales' Southern Highlands on March 6, 2025.
Driver's Defence and Company's Stance
Mr Jordan vehemently denied giving the Nazi salute, telling the Commission he had either made a gesture of camaraderie between train crew or an all clear hand signal used in the rail industry to indicate the tracks ahead are unobstructed. He argued that raising his arm with a flat palm was consistent with the all-clear signal and was not evidence of a Nazi salute.
However, Pacific National dismissed Mr Jordan for serious misconduct, alleging the antisemitic gesture was directed at drivers from other rail operators and potentially visible to the public. The company stated it brought the firm into disrepute and damaged its brand and reputation. Pacific National described the Nazi salute as likely the most offensive physical gesture in the contemporary Australian workplace and said it constituted a valid reason for dismissal.
Witness Reactions and Police Investigation
Drivers from SCT Logistics who witnessed the gesture lodged complaints and were offered counselling, while Sydney Trains referred the matter to NSW Police. Mr Jordan claimed Campbelltown Police investigated the incident and, after reviewing the footage, advised it was not a Nazi salute and they would take no further action.
Pacific National countered that the police officer's evidence was that, if it were his call, he would probably have charged the driver, and the matter only failed to proceed because no witness was willing to give a statement. For three weeks, the constable attempted to obtain witness statements but was unsuccessful.
Commission's Findings and Industry Testimony
Deputy president Bryce Cross said Mr Jordan's claim that the same gesture was performed thousands of times a day by all rail workers was fanciful. He noted, I do not consider Mr Jordan to be a person who harbours Nazi sympathies or advocates such ideology. He simply made two extremely inappropriate gestures seemingly, particularly noting that he smiled before the first gesture, as jokes.
A Sydney Trains compliance officer testified he would never instruct a student to perform the all-clear signal in the manner Mr Jordan did, and that the gesture looked similar to a Nazi salute. Deputy president Cross added, If any rail worker had performed the same gesture as in the incidents, being extending their right or left arm at 45 degree angle from his or her body fully extended, I would expect they would be subject to disciplinary proceedings.
The Nazi salute is explicitly banned nationwide, including in NSW, with mandatory jail time for offenders. This case underscores the severe consequences of such actions in professional settings, balancing workplace conduct standards with legal and social responsibilities.
