15 January 2018
2 min read
#Transport, Shipping & Logistics
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The Fair Work Commission has dismissed a truck driver’s unfair dismissal application, finding that his employer acted reasonably in terminating his employment for serious misconduct involving Heavy Vehicle National Law (HVNL) breaches.
The driver had deliberately driven a B-Triple vehicle in excess of the 90km/hour speed limit and on a route that was not approved for such vehicles. The reasons given by the driver for the conduct included that he wished to conclude his driving before he exceeded his daily hours limit and did not have his medication or bedding which would allow him to sleep in the vehicle.
While no incident occurred, the Commission found that the conduct risked the safety of the driver, other road users, road infrastructure and the employer’s HVNL compliance. The Commission upheld the employer’s decision that the seriousness of the breach outweighed considerations including the employee’s age, length of service, unblemished work history and his reasons for breaching.
This case demonstrates that it can be permissible and appropriate to dismiss an employee if they have seriously breached the HVNL. It is important that employers have clear policies setting out their Chain of Responsibility (CoR) expectations and the potential consequences for breach. Employers must ensure that employees have been appropriately informed of and trained in regard to the employer’s policies and the appropriate procedures are followed to ensure the disciplinary process is fair and just.
It is essential that employers enforce their policies to the letter. Any relaxed application of CoR policies may show a court that the employer is not actually taking any steps, let alone all reasonably practicable steps, to avoid breaches of the CoR laws, including through employee disciplinary measures.
Author: Geoff Farnsworth
* A version of this article was originally published in CoR Adviser. This article is © 2017 Portner Press Pty Ltd and has been reproduced with permission of Portner Press.
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