TWU

K & S policy labeled “unreasonable”

Release date: 2/09/2010

Fair Work Australia has called the sacking of a truck driver by K & S Freighters as “unreasonable”, after the company sacked the driver for damage to a truck that he refused to pay for.

Transport Workers Union national secretary, Tony Sheldon, today said that the judgment by Deputy President Swan was a landmark decision and would go a long way to restoring the rights of truck drivers across Australia.

Deputy President Swan said that “In all, I have found that the termination of the applicant’s employment was harsh, unjust and unreasonable.”

“The policy by K & S Freighters of using their drivers as de-facto insurers for their vehicles has now been shown, without a shred of doubt, to be not just unfair but unlawful,” Mr Sheldon said.

“Here are both union and non-union workers being bullied and pressured– but thankfully they have stood up for their rights in Western Australia, in the Federal Court and in this case here.

“We have had managers privately express to us that they are concerned good employees, those with responsibilities and families, are getting sacked on Leigh Winsers’ orders.

“In the spirit of the judgment, K & S must immediately rectify and compensate all those workers they have used this policy against.

“There were a number of other transport operators and employers around the country who were looking at this case with interest – but the precedent has been set. It is against the law.

“There are a number of other cases around the country being fought against K & S at the moment, including by the TWU in the Federal Court, and this decision should give some clarity to the situation,” Mr Sheldon said.
 

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