Unfair dismissal: Use of a mobile phone while driving heavy vehicle

Use of a mobile phone while driving heavy vehicle against the employer’s policy held to be valid grounds for unfair dismissal.

An article on the decision in Ben Starkey v Cootes Transport Group Pty Ltd [2011] FWA 228 has just been posted to Mondaq by Cooper Grace Ward explaining why Fair Work Australia dismissed an employee's unfair dismissal application after the employee had been previously warned that the employer's policy on mobile phone use prohibited professional transport drivers from using hand held devices while driving.

The article reviews the case and gives some useful tips for employers with respect to these particular issues, especially the importance of clear and consistent policies, adequate investigation of misconduct and the obligations on employers in “high risk industries” with respect to OHS and related issues.

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