A NSW train driver who performed a Nazi salute twice towards oncoming locomotives has lost his unfair dismissal case, with the Fair Work Commission ruling that Pacific National Services was justified in terminating his employment. The driver, Eric Jordan, had argued the gesture was an “all clear” signal or a display of camaraderie, but Deputy President Bryce Cross dismissed this claim as “fanciful” and “at times disingenuous.”
The incidents occurred at Mittagong Station in the NSW Southern Highlands. Pacific National initiated disciplinary proceedings after receiving reports and subsequently obtaining CCTV footage showing Jordan extending his arm in a salute as trains approached. The company maintained the gesture breached workplace policies and damaged its reputation.
Jordan, employed by Pacific National since 2014 and in the rail industry since 2007, initially denied performing the salute, stating in a letter to the company in April 2025 that it was “incredibly offensive” and “would never occur to him.” He later asserted the gesture was a standard “all clear” signal, describing it as an arm raised with a flat palm. He also suggested it was a friendly gesture between train crews.
Although, Deputy President Cross found the CCTV footage “clear and compelling,” depicting Jordan fully extending his arm at a 45-degree angle. Cross noted that Jordan’s explanation of routinely using this gesture as an “all clear” signal was implausible, questioning whether such actions would be occurring “thousands of times a day” across the NSW rail network. When asked if this was the case, Jordan responded affirmatively.
Evidence presented by Sydney Trains crew compliance officer David Kelly further undermined Jordan’s claim. While Kelly initially provided a statement suggesting the gesture could fall within the definition of an “all clear” signal, he testified that he would never instruct a trainee to perform the signal in the manner Jordan did.
The Commission also considered that Jordan smiled before performing the first salute. While acknowledging he didn’t believe Jordan harbored Nazi sympathies, Deputy President Cross concluded that the gestures were “two extremely inappropriate gestures,” even if intended as jokes.
In his judgment, Cross stated that Pacific National had a valid reason to dismiss Jordan, and that the dismissal was not harsh, unjust, or unreasonable. The Rail, Train and Bus Union, which represents rail workers in Australia, declined to comment on the decision.
The case comes as the NSW government considers further legislation to explicitly ban Nazi salutes following a series of demonstrations in Sydney. NSW Premier Chris Minns has pledged to outlaw Nazi ideology and symbols if a current test case before the courts fails to establish the legality of such a ban, according to reporting from SBS News. That case, involving football fans, is expected to deliver a ruling in April.
