TWU o/b Ferguson v Linfox [2004] NSWIRComm 1116

Industrial Relations Commission of New South Wales

CITATION: TWU o/b Ferguson v Linfox [2004] NSWIRComm 1116 APPLICANT PARTIES: Mr David Ferguson RESPONDENT Linfox Australia Pty Ltd FILE NUMBER: IRC 3459 of 2004 CORAM: McLeay C CATCHWORDS: Termination of empoyment - unfair dismissal - truck driver - questioned use of illegal substances - erratic behaviour - safety of road users - decision to dismiss open to respondent - application dismissed. LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 1983 CASES CITED: Inspector Campbell v James Gordon Hitchcock [2004] NSWIRComm87 HEARING DATES: 10/22/2004 DECISION DATE: 11/16/2004 APPLICANT Mr P Cook REPRESENTATIVES: RESPONDENT Mr P Smith

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: McLEAY C 16 November 2004

Matter No IRC 3459 of 2004

Transport Workers Union of New South Wales on behalf of David Ferguson and Linfox Australia Pty Ltd Application by Transport Workers Union of New South Wales (on behalf of its member David Ferguson) re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION [2004] NSWIRComm 1116 1 This is an application by Transport Workers Union of New South Wales ("the union") on behalf of David Ferguson for unfair dismissal against Linfox Australia Pty Ltd pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). Mr Ferguson was dismissed from the position of truck driver on 25 May 2004, having been employed as a driver with the respondent since November 1998.