Unfair dismissal case

Plunkett v Thiess Pty Ltd (2014) FWC 3287 delivered on 16 May 2013 is decision of the Fair Work Commission in a case for an unfair dismissal remedy which effectively upheld a dismissal by a mining company when an experienced vehicle operator continued to drive a massive mining vehicle for one and a half minutes after warning signals were emitted which the company claimed should have been heeded immediately by the shut down of the vehicle. The Commission did not doubt the veracity of the driver’s evidence that she thought safety considerations required her to find a safe and stable place to park when the company’s instructions, policies and training left drivers with absolutely no discretion and unequivocally required immediate cessation of the vehicle’s progress.