A NSW train driver who performed Nazi salutes towards passing freight trains has lost his Fair Work unfair dismissal claim. The worker, who had been in the rail industry for nearly two decades, argued that he had actually performed an “all clear” signal to indicate track safety. However, the Fair Work Commission found that the CCTV footage clearly showed him performing a the antisemetic gesture.
In this article, we look at the events of this unfair dismissal NSW case Eric Jordan v Pacific National Services Pty Ltd [2026]. Later, we look at the story of a US priest who faced termination of employment for performing a Nazi salute, and an Austrian doctor who was fired for making a distasteful comment about the Holocaust.
Train driver dismissed after Fair Work rejects “all clear” Nazi salute claim
Eric Jordan started working for Pacific National Services in 2014, having worked in the rail industry since 2007. At the time of his termination of employment, he worked as a locomotive driver. The events that led to his dismissal occurred on 6 March 2025 at Mittagong Railway Station in New South Wales. Fair Work unfair dismissal proceedings detailed that while waiting on the platform, Mr. Jordan was captured on CCTV performing a Nazi salute twice toward passing trains.
Witnesses from the passing trains recognised the gesture and reported it to their respective employers. Pacific National Services subsequently stood down Mr. Jordan and initiated a formal investigation. The company argued that his conduct breached its code of conduct and respect policy.
Driver’s explanation for salute torn to shreds by witness
On 12 March 2025, Pacific National Services issued a letter of allegation to Mr. Jordan. Throughout the investigation, Mr. Jordan denied the allegations. He said that instead of a Nazi salute, he had performed an “all clear” hand signal. Mr. Jordan claimed that the signal was a common gesture of “camaraderie” among fellow train drivers. He argued that “raising one’s arm alone is not evidence of a Roman salute.” Rather than anything malicious, Mr. Jordan claimed that his gesture was intended to indicate the track was safe.
However, a trainee driver on one of the passing trains contradicted this. She noted that the gesture was different to what she would normally expect to see. The driver said that she saw Mr. Jordan performing the gesture from 30 metres away. She said that Mr. Jordan’s arm had been “held out from his body and in a rigid pose.” He had twisted his body at an angle of about 45 degrees to the train while he was holding the gesture, the witness said.
Unfair dismissal NSW: Faced termination of employment for Nazi salute
Pacific National Services reviewed CCTV footage from Mittagong Railway Station, which the company maintained clearly showed Mr. Jordan performing a Nazi salute. During this period, and unrelated to the station incidents, Mr. Jordan was issued a final written warning on 17 April 2025. This was the result of a separate investigation into his failure to follow management directions regarding signing on and off from his rostered shifts. The warning noted that any further unacceptable behaviour would not be tolerated.
Mr. Jordan was invited to a show cause meeting where he was given the opportunity to respond to the allegations of serious misconduct. Despite his explanations regarding the “all clear” signal, the company determined that his conduct breached its policies and brought the business into disrepute. On 26 May 2025, Pacific National Services decided Mr. Jordan would face immediate termination of employment for serious misconduct. The company stated that performing a Nazi salute in public while identifiable as an employee was incompatible with continued employment. This was especially the case as Mr. Jordan was already subject to a final warning.
Claimed mentor was Jewish, salute was ‘extremely inappropriate joke’
In his Fair Work unfair dismissal claim, Mr. Jordan denied that the gestures were antisemitic. He asserted that his mentor in the rail industry was Jewish and that he “reprehends” Nazism. He also pointed to the fact that the New South Wales Police, after reviewing the CCTV, chose not to pursue criminal charges or issue an infringement notice. Mr. Jordan argued that the authorities deemed the alleged Nazi gesture and the “all clear” signal to be “almost identical.” Therefore, Pacific National Services should not have reached a more severe conclusion.
While maintaining that the gesture was a safety signal, Mr. Jordan also argued that if it was interpreted as a Nazi salute, it was meant as an “extremely inappropriate joke.” He also pointed to his “unblemished” record (prior to the recent warnings) and his long tenure in the industry since 2007. He argued that termination of employment was “harsh” punishment for a single day of poor judgment.
Responding to Mr. Jordan’s Fair Work unfair dismissal claim, Pacific National Services argued that the dismissal was a necessary response to serious misconduct. The employer said that the CCTV footage was “clear and unambiguous” and that there was no need for an “all clear” signal at that time. Pacific National Services submitted that the Nazi salute is “the most offensive physical gesture” in a modern employment context. It said that Mr. Jordan’s actions caused a hostile work environment for the drivers who witnessed them. They had reported that they were “distressed” and “offended” by what they saw.
Credit | Fair Work Commission
Unfair dismissal NSW: Fair Work slammed signal defence
Mr. Jordan’s Fair Work unfair dismissal claim was heard by the Fair Work Commission in February 2026. It rejected his version of events, stating that the CCTV footage was “clear and compelling.” The Commission noted that while a female colleague standing nearby simply waved at the passing trains, Mr. Jordan stood in a “rigid pose” with his arm extended. It concluded that the CCTV footage showed him “performing a Nazi salute.”
The Commission found that there was no operational reason for an “all clear” signal to be given in that context. Furthermore, Mr. Jordan’s own witness conceded under cross-examination that he would never instruct a student to perform the gesture the way Jordan did and that it “looks similar to a Nazi salute.” The Commission also noted that Mr. Jordan was already on a final written warning at the time of his serious misconduct.
Unfair dismissal NSW: Nazi salute justified termination of employment
The Fair Work Commission addressed Mr Jordan’s argument that his employer should not have reached a more severe conclusion than the NSW Police. It clarified the distinct separation between criminal law and employment law. The Commission noted that the police were investigating whether a crime had been committed “beyond a reasonable doubt.” Meanwhile, the Commission’s role was to determine if there was a “valid reason” for dismissal based on a balance of probabilities. The Commission found that the lack of criminal prosecution did not “sanitise” the conduct or prevent it from being a fundamental breach of Pacific National’s internal respect policy.
Ultimately, it found that Pacific National Services had a valid reason for termination of employment. It ruled that performing a Nazi salute in a public setting while identifiable as a company representative constituted serious misconduct. The Commission stated that while Mr Jordan was not found to harbour Nazi sympathies, his salutes still breached his employer’s policies. His Fair Work unfair dismissal claim was therefore rejected.
Priest dismissed for mimicking controversial Elon Musk gesture
In January 2025, a US priest was dismissed for performing what was believed to be a Nazi salute at an anti-abortion rally in Washington D.C. Calvin Robinson served as priest at the Anglican Catholic Church in Grand Rapids, Michigan. On 25 January 2025, he concluded a speech at the rally by placing his right hand over his chest and forcefully extending it toward the crowd.
The gesture was an intentional imitation of Elon Musk’s gesture performed at a Trump inauguration event earlier in the month. Musk’s gesture was believed by many to resemble a Nazi salute. Mr. Robinson even quoted Musk’s words, stating that his “heart goes out” to the audience as he performed the gesture.
Dismissed priest had a history of trolling
Not long after, the Anglican Catholic Church announced that Mr. Robinson had been dismissed and his license revoked. The church leadership said the decision was based on his gesture resembling a Nazi salute and Mr. Robinson’s history of provocative behavior. The church stated that mimicking such a salute, even as a joke or an attempt to troll political opponents, diminishes the sacrifice of those who fought against the Nazi regime.
According to the church, Mr. Robinson had been previously warned that online trolling and similar provocations were incompatible with a priestly vocation. The church further noted that the act appeared to be an attempt to curry favor with the American political right by intentionally provoking a backlash from the left.
Claimed Nazi-like salute was expression of ‘British dry wit’
Mr. Robinson is a well-known figure in conservative circles with a large social media following. A former teacher and video games journalist from England, he has also served as a spokesman for the UK Independence Party. Following his termination of employment, Mr. Robinson posted a statement on social media denying that he was a Nazi.
The English-born priest claimed that the gesture was an exercise in dry British wit. Mr. Robinson claimed that he intended to mock the reaction of critics to Musk’s original gesture, not express support for National Socialism.
Senior surgeon at Austrian hospital dismissed over Auschwitz remark
Another story of an antisemitic gesture ending in termination of employment made headlines in December 2025. A senior trauma surgeon at an Austrian hospital was fired for using Nazi-themed language to describe an overweight patient. The surgeon allegedly made the remarks during a meeting about the patient. He told colleagues that “only Auschwitz would help here.” This was in reference to the Nazi death camp Auschwitz-Birkenau, where starvation was the cause of death for many prisoners.
The remark came to light after an anonymous tipoff to an Austrian media outlet. It was sent by hospital employees and described a hostile work environment where shouting, bullying and aggressive behaviour were the norm. According to the staff, the atmosphere had become so intolerable that nurses refused to accompany the surgeon on his rounds. The whistleblowers expressed that the doctor’s comments about the Nazi death camp crossed a critical line of humanity and professionalism.
Termination of employment followed swiftly
The Lower Austria Health Agency acted quickly once the allegations were brought to light. While the incident was first reported on a Friday, the official termination of employment took place the following Tuesday morning due to a public holiday. Agency spokespeople said that there is no place for such rhetoric in the medical field.
They reiterated that the belittling of Nazi crimes is viewed with extreme gravity. This is particularly the case in Austria, the birthplace of Adolf Hitler, which maintains strict legislation against the glorification or trivialisation of National Socialism.
Read more: Church Minister Claims Unfair Dismissal, But Is He An Employee?
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