Paying for prangs

In the recent decision in Chris Birt v K&S Freighters Pty Limited, Deputy President Swan found it unfair to terminate a truck driver who had an accident and refused to pay for the truck repairs.

The applicant was a 49 year old truck driver when he commenced employment with the respondent in May 2008. He became ill with cancer in early 2009 and took some time off work on sick leave. The applicant returned to the workplace in April 2009. On 25 August 2009, the applicant was involved in an accident whilst driving his truck. He hit a fence when performing a u-turn at a loading dock.

The respondent had a policy that employees pay for damages to vehicles when, in the employer's view, the damage was caused by the driver's negligence. The applicant denied knowledge of this policy, prior to his accident.