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Policies, Procedures & SafeguardsSeptember 7, 2015
A Tasmanian truck driver has lost his unfair dismissal case after refusing to follow orders which included loading his rig and delivering it to the west coast of the state.
TasFreight terminated Shane Adams’ employment in April this year for serious misconduct, saying his refusal to follow his supervisor’s instructions warranted summary dismissal (an immediate dismissal without need of notice). Adams filed for unfair dismissal, however the Fair Work Commission (FWC) found that TasFreight were within their rights to fire him.
“I have determined that Mr Adams’ failure to load his truck on April 8 2015 was, in all circumstances, a refusal to carry out a lawful and reasonable instruction that was consistent with his employment and therefore constitutes serious misconduct,” FWC deputy president Nicole Wells says.
TasFreight’s employee handbook states that a refusal to follow instructions is grounds for dismissal. Shane Adams was asked to load his truck and make a delivery to Henty Gold Mine, but he did not show up for work. Instead he called in sick and presented a medical certificate for his absence.
During the unfair dismissal proceedings, a fellow TasFreight truck driver ,Gavin John Wells, revealed Adams did not want to make the delivery because he feared he would fail a drug test if one was taken and lose his job as a result. Wells says Adams told him he “had smoked a joint on the weekend”.
Adams received three weeks of pay in lieu of notice, which Natalie Wells says the company was not obligated to do due to the termination of Adams being summary dismissal.
TasFreight won this unfair dismissal case as they had the correct policies and procedures in place, which they followed to ensure a fair termination. If you would like to determine if your policies accurately reflect your business and cover all possible scenarios call Employsure today on 1300 651 415. We can advise on all aspects of workplace policies and procedures to ensure that you and your business are compliant.
Sourced via Owner/Driver website