Wrong management instructions? Conflicting safety guidance led to serious incident, says worker
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who was terminated after a serious safety incident occurred during her duties, creating significant risks for public safety.
The worker argued that her dismissal was unfair because she had not received adequate practical training for her role, despite attending theoretical training sessions.
She maintained that the instructions she received from management were unclear and contradictory, particularly regarding safety procedures.
The worker also pointed to what she saw as inconsistent treatment, noting that colleagues involved in similar incidents had not faced termination.
The employer, however, argued that the worker had received comprehensive training and clear safety instructions, which she failed to follow.
The worker started employment as a bin delivery driver in June 2023 with a waste management company. She held a Heavy Rigid licence required for operating the flat bed truck used to transport bins.
To obtain this licence, she needed to pass both knowledge and practical tests, including demonstrating proper load restraint techniques according to heavy vehicle laws.
During cross examination, the worker acknowledged that she "had a legal obligation as a heavy vehicle driver that 'loads must be secured to prevent any part of the load being...
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