In Glenn Gervasoni v Rand Transport a truck driver received $30,000 after his dismissal from employment was held to be unfair.
The employee had driven his truck in excess of the speed limit. The employer had fitted the truck with a device to track the employee’s speed without the knowledge or consent of the employee. The employer held a meeting with the employee telling him he was suspected of speeding and conducted an investigation and then terminated his employment. The employer argued the employee failed to comply with road safety laws and his contract of employment.
The employee argued he was singled out and was treated unfairly. Other employees who were found speeding were given a first and final warning. The employee had been found speeding by his employer a year earlier, however, he had received no formal warning.
Commissioner Blair found that the inclusion of the device on the employee’s truck was without his consent and could not be relied upon as evidence of speeding. In any event, the device was not an accurate measure of speed and the employee should have been given the benefit of the doubt. There was no valid reason for the dismissal. The employee received 22 weeks pay in compensation.
There are lessons to be learnt:
• Do not use devices to track employees without their consent. If consent is obtained, make sure the device used is reliable and regularly calibrated.
• Investigate and if necessary, discipline breaches of conduct and company policy by employees in the same matter. The discipline must be consistent and punishment must fit the crime.
• Prior to making the decision to terminate, make sure the evidence obtained is solid and reliable, give the employee the benefit of the doubt in the absence of solid evidence.