TWU v Linfox Australia Pty Ltd [2008] NSWIRComm 1116

Industrial Relations Commission of New South Wales

CITATION: TWU v Linfox Australia Pty Ltd [2008] NSWIRComm 1116

APPLICANT: PARTIES: Transport Workers Union of New South Wales (o/b Mr M Parker) RESPONDENT Linfox Australia Pty Ltd.

FILE NUMBER(S): 551,552 of 2008

CORAM: Ritchie C

Dispute notification and Unfair dismissal claim. Long term employee terminated after being involved in an incident, not reporting incident, not being candid in completing incident form. Company also claimed that employee had been involved in 5 blameworthy incidents. CATCHWORDS: Applicant claimed that not all of the incidents had resulted in direct costs of repairs being more than $500. Sought supporting evidence. None forthcoming. Employee did not believe he had been involved in one of the incidents. Commission found that employee had been involved in that incident and had failed to advise Company for fear of loosing job. Company conceded that this particular incident did not result in a direct cost to the Company. Commission found that Company should have provided supporting evidence of incidents costing more than $500 as that was a basis for termination. Commission found termination harsh, awarded reinstatement without backpay.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 28/08/08,29/08/08,27/10/08

DATE OF JUDGMENT: 31 October 2008

APPLICANT: Mr M Aird and Mr G Rodger of the TWU LEGAL REPRESENTATIVES: RESPONDENT: Mr L. D'Apice and Ms G. Neill of Lynfox Australia Pty Ltd.