A man was sacked after he pooed in front of his colleagues on site – twice.

Australian production technician Anthony Lear claimed he was unfairly dismissed for answering a call of nature.

The metals worker had been employed at BHP WAIO (Western Australian Iron Ore) for seven years before he was let go back in April.

However he has lost a fair work claim against his former employer following a tribunal hearing.

According to documents from the Fair Work Commission (FMC), Mr Lear was fired after he defecated in an “active work area” twice on the Yandi Mine in Western Australia.

Both bowel related incidents took place in March, with the worker handed the sack the following month.

Documents reveal he was accused of relieving himself down an active drill hole on one occasion, and on the “collar” of an active drill hole the second time.

News.com.au report FMC documents state: “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.”

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But Mr Lear argued toilet facilities were not provided at the work site and claimed he was given no valid reason for his sacking.

While he also claimed to be suffering from “explosive diarrhoea” and took action to cover his bodily waste as soon as he was finished relieving himself.

News.com.au goes on to report a witness named Mr Joel Garner saw Mr Lear drop a rock down the hole which “sounded like it hit a gas bag on March 9.”

And when Mr Gerner asked the defendant why he did that, Mr Lear replied: “I took a s*** down the hole”.

The report claims that the nearest toilet was an eight-minute drive away – and that on an occasion on March 27 warned a colleague: “I’m about to s*** myself, turn around, turn around.”

The colleague, named as Mr Jack Hughes, is then reported to have “noticed a bad smell and spotted Mr Lear squatting on a blast collar.”

Mr Hughes was told by Mr Lear: “I couldn’t hold it in” when he confronted him over his toilet behaviour.

However, on balance and in consideration of “past, unrelated incidents”, the employers were found to have been valid in their decision to dismiss the worker.

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