Oct 2021 · New South Wales, Australia
Waste truck driver sacked for skipped fatigue breaks wins compensation: supervisors had encouraged the breaches
A casual rear-lift waste collection driver was dismissed for falsifying run sheets to hide short and missed fatigue breaks, including one 12.75-hour shift with only two 15-minute breaks. The Fair Work Commission found the falsification was a valid reason for dismissal, but that supervisors had planned routes without proper breaks, told him to defer his break to fix a broken truck, signed off non-compliant run sheets and were never disciplined. Because the company's zero-tolerance fatigue policy was not applied in practice and only the driver was singled out, the dismissal was unfair and compensation was ordered.
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