Truck Driver speeds 10,000 times, causes $6,000 in damage - Dismissal Unfair
In a recent unfair dismissal case that we were involved in, a casual truck driver was awarded $12,000 in compensation by the Commission, despite being recorded by an internally fitted device as having exceeded the legal speed limit more than 10,000 times over a 14 month period in the employer's work truck, and having caused more than $6,000 damage to the employer's work truck when he forgot to apply the vehicle's handbrake.
The employer had provided the employee with three separate written warnings over his 14 months' of employment (two for speeding, and one for the damage caused), and in May 2014 the employer made the decision to dismiss the employee. However, despite such, the Commission held that the dismissal was still harsh, unjust or unreasonable.
Although the Commission found that the employer had a valid reason for the dismissal, it was concluded that the employee was not notified of the reason for the dismissal, nor was he provided with an opportunity to respond to the reason for the dismissal. The Commission also took into account the employee's personal circumstances, including that was the father of a young family whose partner was not in the workforce, and that he had only been able to obtain limited casual work since the dismissal.
The Commission decided to reduce the compensation payable to the employee due to his conduct involved in causing the damage to the employer's work truck, and the final compensation order made against the employer was $12,000.
This case highlights the following important points for employers:
1. Casual employees who work on a regular and systematic basis, and have a reasonable expectation of continuing employment by the employer on a regular and systematic basis, will still have the same rights as permanent employees as far as protection from unfair dismissal is concerned; and
2. Employers need to notify an employee of the reason for the proposed dismissal, and providing the employee with an opportunity to respond to that reason - this will still be the case whether the employer clearly has a valid reason for the proposed dismissal.
View ALL articles in this Category |
