A recent case has upheld the termination of an employee who was dismissed for repeated speeding breaches that he blamed on a faulty speedometer and the businesses refusal to provide him with a GPS system.
The worker, based in regional NSW, was a technician who travelled for work. His employment was terminated after the business speed monitoring system ‘LogBookMe’ recorded his company vehicle breaching the speed limit on 10 occasions over a 24 month period.
The worker was subject to a performance management process that included a series of warnings for speeding. The worker was asked to Show Cause as to why he should not be terminated when, following these warnings, he was recorded breaching the speed limit twice in one day.
In the Show Cause meeting the worker argued that the vehicle cruise control was faulty and that was the reason for the breaches, but confirmed that he was indeed setting the cruise control to 5km above the posted speed limits.
In launching the unfair dismissal claim the worker, in his defence, also added that it was his contention that the employee safe driving training that he underwent was not clear and did not deal with real world situations, which, he alleged, contributed to the breaches along with the faulty vehicle speedometer.
The workers basis for the contention that the speedometer was faulty was that the traffic app Waze showed his speed as 4km slower than the speedometer displayed.
In dismissing the workers claim the Commission noted that the requirements of the business were nothing more than a requirement to abide by the law and that the worker had not proven that the mechanisms for measurement of the breaches, not the process for communicating the breaches and warnings to the employee were deficient.
Learnings for all businesses
“This case is one that would seem to be clear cut, particularly in an industry like ours where, on the transport side we have professional drivers who are moving dangerous goods. But the lesson is not that it is valid to terminate an employee for failure to follow the speed limit. That has always been a valid reason for termination”, explains ACAPMAs Elisha Radwanowski.
“The real lesson here is that with that valid reason a valid process must be followed to ensure the business is on a solid footing if there is a dispute about any subsequent termination”, concluded Elisha.
Here to Help
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
