‘Quite surprised’: Incriminating image of beer can secures hospital worker’s dismissal

A worker at a Victoria-based private hospital attempted to disprove photographic evidence depicting him smiling behind a can of beer by trying to demonstrate “how easily” images can be altered.

A theatre technician at a private hospital was fired on the spot on the grounds of serious misconduct after his employer discovered that he had been drinking on the job.

According to the hospital’s drugs and alcohol policy, employees are “not to be under the influence of alcohol while undertaking work”.

Tony Bitton worked at Waurn Ponds, Victoria-based private hospital, Epworth Geelong, for 18 months as a theatre technician before he was dismissed in August 2025.

In mid 2025, his employer was sent an anonymous email attaching photo evidence alleging that alcohol was consumed at the hospital’s theatre complex.

One of these photos included two employees and Bitton, who was pictured sitting and smiling with a can of beer positioned in front of him.

“[Bitton’s] behaviour, including smiling whilst sitting behind a can of GOAT beer and peeking behind the computer screen so that he is in view when the photograph was taken, is a wilful breach of these policies,” said commissioner Sophie Panopoulos.

“At least one of the other former employees is holding a can of GOAT beer in his right hand and ‘giving the bird’ with his left-hand middle finger.”

Records revealed that all three employees included in the photo were on duty at the time but not assigned to a specific theatre, she found.

When presented with the photo at a determinative conference, Bitton said: “Something that is of concern … is the potential for the photo to be illegitimate.”

He proceeded to provide altered versions of the photograph to “demonstrate the ease in [sic] which photos can be adjusted or altered in any way” and provide a “hypothetical argument” and to “demonstrate how easily it can be done”, the commissioner found.

However, when asked whether he was certain that the photograph showing him behind a can of GOAT beer was inaccurate, he responded with “I could not possibly know”.

“A mere assertion by [Bitton] that the photograph ‘could’ be doctored is unhelpful,” the commissioner said in her decision.

During the conference, Bitton commented that “the presence of a beer looks bad” and said that he was “quite surprised to see …[himself] in a setting that looked in that way”.

At the disciplinary meeting, which led to Bitton’s summary dismissal, Bitton denied consuming alcohol the day that the photograph was taken, denied witnessing any employee consuming alcohol at the theatre, and denied ownership of the GOAT beer can in front of him in the image.

In her decision, the commissioner formed the view that the photograph was not doctored and clearly contravened the stated policies of Epworth Geelong.

She determined that the hospital’s conclusion that Bitton had been drinking while on duty was reasonable, and there was thus a potential to compromise patient safety.

“I am persuaded by [Epworth’s] submission that [Bitton] displayed a blasé attitude to serious allegations and lacked contrition,” the commissioner said.

Thus, the commissioner concluded that Bitton’s dismissal on the grounds of serious misconduct was valid, quashing his unfair dismissal application and upholding the termination of his employment.

The case citation: Tony Bitton v Epworth Geelong Limited (U2025/14742).

Carlos Tse

Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.

Want to see more stories from trusted news sources?
Make HR Leader a preferred news source on Google.