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ARTICLE · 13 JULY 2021

Commission rules on roo-pudiation

Holding Redlich
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Once a benefit of employment becomes an established feature of a role, employers may not be able to withdraw it without agreement.

AustraliaEmployment and HR
Edmund Burke
Edmund Burke
Joseph Sherman
Joseph Sherman
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An electrician's ill-fated collision with a kangaroo while driving to work has resulted in a Fair Work Commission (FWC) decision that his contract was repudiated when his employer withdrew his use of the company car for personal use, even though he continued his job after the accident.

Bradley v Solarig Australia Pty Ltd[2021] FWC 2805

On 11 February 2019, Mr Darren Bradley commenced work with Solarig Australia Pty Ltd (Solarig) as an electrician at Solarig's solar farm in regional South Australia. He was given a company car to use onsite and for limited personal use.

Mr Bradley was allowed to use the company car for up to 20,000km per year, but he admitted he clocked up around 70,000km over 18 months. Mr Bradley also allowed his own private vehicle registration and insurance to lapse and used the company car for all purposes, including personal trips to Adelaide.

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