In the recent decision in Chris Birt v K&S Freighters Pty Limited, Deputy President Swan found it unfair to terminate a truck driver who had an accident and refused to pay for the truck repairs.
The applicant was a 49 year old truck driver when he commenced employment with the respondent in May 2008. He became ill with cancer in early 2009 and took some time off work on sick leave. The applicant returned to the workplace in April 2009. On 25 August 2009, the applicant was involved in an accident whilst driving his truck. He hit a fence when performing a u-turn at a loading dock.
The respondent had a policy that employees pay for damages to vehicles when, in the employer's view, the damage was caused by the driver's negligence. The applicant denied knowledge of this policy, prior to his accident.
The respondent requested that the applicant pay $3,100 plus GST for a new bumper bar, and proposed to deduct $100 per week from his pay, in that regard.
The applicant refused to authorise the deduction and was dismissed on 9 September 2009.
It was held that an accidental error occurred whilst the applicant was performing his duties. A high level of skill and concentration is required by truck drivers, and accidents which are not the result of negligence, in the true sense of the word, would from time to time occur. That the applicant did not respond positively to the demands of the respondent in respect of repairs to the truck did not justify his termination, or constitute misconduct so as to reduce compensation. By the time of hearing, the applicant had mitigated his loss by obtaining alternative casual and then permanent employment. However, 20 weeks remuneration was ordered to be paid to the applicant by the respondent, equalling $21,000.
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