The boss admitted "everybody" would be fatigued working that regime
An equipment operator drove a company hire car home after a 12-hour shift in the Sydney summer heat - and lost his job over it.
The Fair Work Commission has found the summary dismissal was unfair, ordering Sherrin Rentals Pty Ltd to pay the worker 10.4 weeks' compensation.
The decision, handed down on September 18, 2026, turned on a collision between a clear management direction and what the Commission found was an obvious fatigue problem the employer seemed reluctant to confront.
The worker, a 58-year-old elevated work platform operator, had been with Sherrin Rentals for about 20 months when things unravelled in late January 2026.
He was assigned to a project at Holsworthy Army Barracks in southwest Sydney - 12-hour shifts, starting at 6am. His allocations manager sent a group text with the job instructions. Buried in the message was a clear direction: the hire car provided for the project was to "remain in yard after each shift."
On January 27, after finishing his shift, the worker drove the hire car to his home, south of Wollongong, instead of back to the yard at Ingleburn. He said he was fatigued.
The next day he drove the car back to the yard and then to the job site. On the way back that afternoon, he was involved in a minor accident - not his fault. He notified his manager by text and later provided a written statement and a police report.
That should have been the end...
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