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FWC backs PN over sacked driver

May 20, 2014News

The Fair Work Commission has ruled that Pacific National’s sacking of a driver who failed to respond to two signals on the route between Junee and Sydney, was justified.

The company sacked the driver, who has over 30 years experience, after he failed to see and response to the signals. He was 120 seconds away from colliding with another train.

The Commission heard that the driver was very familiar with the route between Junee and Sydney should have known the location of the signals.

The driver said the he had been given no information that other trains might be crossing Yass and the he had stopped the trains without any damages or time lost.

He said he was “seriously disappointed at himself”, but asked the company to take into account his long and loyal service.

However the Fair Work Commissioner sided with the company and said he could not find the dismissal unfair given there had been no good reason for the mistake and that it could have easily resulted in significant risk of serious accident.