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Sunday, November 23, 2025

FWC upholds dismissal for mobile phone use - HRD America

Commission looks into multiple safety hazards of phone use at work

The Fair Work Commission (FWC) recently dismissed an unfair dismissal application involving a truck driver who was terminated after using mobile phones while uncoupling a heavy vehicle trailer.

The case arose when video footage revealed the worker violated multiple safety procedures during a decoupling operation.

He maintained that he was an honest and careful employee over 15 months of service who should have received a warning rather than dismissal for what he characterised as a minor incident.

Safety incident involves multiple policy breaches

The employment relationship involved a truck driver responsible for operating articulated vehicles and following strict safety procedures during coupling and uncoupling operations.

The worker had completed mandatory training on the company's Coupling and Uncoupling Safe Work Procedure, which explicitly stated that mobile phones must not be used and must remain in the cabin during such tasks.

On 2 May 2025, the worker was uncoupling a prime mover from its trailer but failed to detach the electrical cables before driving away, causing them to snap.

The incident triggered an internal investigation involving a review of video footage from the driver's cabin and side mirror cameras installed on the vehicle.

The worker completed an incident report following the cables snapping and acknowledged during subsequent meetings that he had forgotten to disconnect them.

He...



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