Thrown out: driver loses IR case


Truck driver claiming to have been sacked for highlighting pay and safety issues has his case thrown out

Thrown out: driver loses IR case
Thrown out: driver loses IR case
By Brad Gardner | February 1, 2010

A truck driver claiming to have been sacked for highlighting pay and safety issues has had his case dismissed.

William John Marks claimed he was singled out by Frozen Logistics after he asked faulty trucks to be fixed and complained about incorrect pay rates and rest breaks.

In his application to the Australian Industrial Relations Commission, Marks also alleged he was discriminated against because he was a member of the Transport Workers Union (TWU) in a non-union workplace.

But after successfully having the initial hearing adjourned, Marks failed to reply to seven requests as to why he chose to adjourn the hearing and whether he was still committed to having his case heard.

"The applicant has been given reasonable notice and a reasonable opportunity to be heard," Commissioner Annette Larkin says.

"He has chosen not to avail himself of that opportunity. The applicant’s application…is therefore dismissed…"

The matter was originally to be heard on December 10 last year, with the AIRC finally giving up trying to receive a response from Marks on January 18.

"To date, the applicant has not responded to the correspondence," Larkin’s ruling states.



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