Employment Law – Background
In SR v Geelong & Surfcoast Laundry T/A Swim Alumni Pty Ltd, the Fair Work Commission ruled that a truckie involved in three accidents and an alleged road rage incident was unfairly dismissed.
Employment Law – Facts
- the employee was employed by Surfcoast Laundry as a casual truck driver from March 2015 until November 2016
- the employee was dismissed for having three accidents in a year and for allegedly being involved in a road rage incident
- however, the employee received no written warnings, was not told the reason for his dismissal at the time it occurred and was not given an opportunity to respond
- Surfcoast Laundry claimed the dismissal was in accordance with the summary dismissal section of the Small Business Fair Dismissal Code which indicated that it was fair to dismiss an employee without notice or warning if an employer believes on reasonable grounds that an employee’s conduct was sufficiently serious to justify immediate dismissal.