Hammond v Direct Couriers Pty Ltd [2017] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Hammond v Direct Couriers Pty Ltd [2017] NSWIRComm 1004 Hearing dates: 18 November & 7 December 2016 Decision date: 10 February 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The respondent is to pay as compensation to the applicant an amount equivalent to one month's remuneration Catchwords: CONTRACT OF CARRIAGE – contract carrier – termination of contract – complaint to Anti-Discrimination Board – distribution of confidential communication – Formal Warning – contract driver died in traffic accident – allegation of driver fatigue – applicant accused respondent of causing death – complaint to SafeWork NSW – no evidence of drivers working while fatigued – Absolute Final Warning – allegation of aggressive and abusive behaviour – complainant refused to be interviewed – investigation – applicant denied allegation – contract terminated – termination found to be unfair – reinstatement impracticable due to past record – respondent ordered to pay applicant one month's remuneration Legislation Cited: Industrial Relations Act 1996 Anti-Discrimination Act 1977 Cases Cited: Cherry v Allied Express Transport (1997) 73 IR 305 Category: Principal judgment Parties: Transport Workers Union of NSW o/b Victor Hammond (Applicant)

Direct Couriers Pty Ltd (Respondent) Representation: Counsel: Mr O Fagir (Respondent)

Solicitors: Mr G Webb, Transport Workers Union of NSW (Applicant) Mr G Selig, Mark Diamond & Associates (Respondent) File Number(s): 2016/00198353