Mr Aaron Christopher Gould v Cope Sensitive Freight T/A Cope Sensitive Freight
[2011] FWA 3944
•22 JUNE 2011
[2011] FWA 3944 |
|
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Aaron Christopher Gould
v
Cope Sensitive Freight T/A Cope Sensitive Freight
(U2011/4889)
COMMISSIONER ROE | DARWIN, 22 JUNE 2011 |
Termination of employment.
[1] This matter arises from an application filed on 9 February 2011 under s 394 of the Fair Work Act 2009 by Mr Aaron Gould (the Applicant) for relief in respect of the termination of his employment from Janala Pty Ltd T/A Cope Sensitive Freight (the Respondent). The Respondent advised that the company is registered as Janala Pty Ltd and that Cope Sensitive Freight and Cope Transport are the trading names for the company which employed the Applicant. The matter was notified and listed as referring to Cope Sensitive Transport T/A Cope Sensitive Transport. Notwithstanding this I am satisfied that the Respondent was properly notified of the Application and the proceedings.
[2] The Applicant was dismissed on 28 January 2011. The Applicant was employed for one year and eight months. The Applicant is protected from unfair dismissal in that the employer is a constitutional corporation, the Application was made within time, there is no suggestion the Applicant was made redundant and the Applicant had the necessary minimum period of continuous employment with the Respondent.
[3] The Respondent says in the Form F3 (Employer’s Response to Application for Unfair Dismissal Remedy) that the Applicant was dismissed for two reasons: for driving without a current motor vehicle licence and for driving with an alcohol reading of 0.54 which exceeds the allowable limit of zero for a light rigid truck on 26 January 2011. The Respondent says that both these things happened without the Applicant providing any advice to them about this. The Respondent says that the Applicant was provided with and signed a policy statement upon commencing work where he undertook not to drive when impaired. The Respondent says, and I accept, that it is the responsibility of the employee to ensure that the employer is advised if the employee does not have a valid licence to drive or is impaired. The Respondent says that the matter was reported in the NT News on 27 January and that the Applicant confirmed the accuracy of the report.
[4] The Applicant says in his application that his licence was only suspended and that he had not been aware of the suspension until the day of the alleged incident and that in any case the suspension was due to unpaid fines which were in fact paid. The Applicant does not comment on the issue of driving with an alcohol reading in excess of the allowable limit.
[5] The Applicant failed to attend the Tribunal proceedings on 22 June 2011. I am satisfied that the Applicant was sent a notice of the hearing on 4 May 2011 and that my Associate also spoke to him on the telephone and confirmed the time and place with him. When the Applicant failed to attend at 9.30am, which was the listed time, my Associate also rang the Applicant on the mobile phone number provided as the contact by the Applicant. No message by email or phone was received from the Applicant.
[6] I conducted the hearing at 10am in the absence of the Applicant. The Respondent was represented by Mr Hill from the NT Chamber of Commerce and by Mr Moyle from the Respondent.
[7] I advised the Respondent in the proceedings that I was dismissing the Application. Based on the material before me I am satisfied that there was a valid reason for the dismissal of the Applicant for serious misconduct. I am satisfied that the conduct alleged amounts to serious misconduct warranting summary termination. The company cannot be criticised for dismissing the Applicant without notice in these circumstances. The dismissal was not unfair.
[8] I dismiss the application.
COMMISSIONER
Appearances:
No appearance on behalf of the Applicant.
Mr Hill appeared on behalf of the Respondent.
Hearing details:
2011
Darwin
June 22
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