In a recent decision the Fair Work Commission found that Australia Post fairly dismissed a delivery driver based on telemetric tracking data of the driver’s deliveries.
The Facts
The employee was a long-serving motorcycle delivery driver for Australia Post.
Australia Post raised concerns with the employee based on its telemetric tracking data of:
- 13 occasions of long gaps in his rounds, and that he was not working or deliberately dragging out the delivery time, and
- 5 occasions of speeding on footpaths.
The employee was provided with opportunities to respond to the concerns, and a letter with formal allegations.
His supervisor was dissatisfied with the employee’s responses to the 13 occasions, considering them vague and evasive.
In regard to the occasions of speeding on footpaths, the employee said that he knew that he should not have been speeding but that, either he was not delivering at the time, or his speeding was only at low speeds and was not reckless.
The employment was terminated, and the employee applied for unfair dismissal.
The Decision
The Deputy President dismissed the employee’s application, finding that:
- The various concerns including the failure to satisfactorily explain the 13 occasions of long gaps in his rounds, and the 5 occasions of speeding on footpaths in breach of road safety laws, were cumulatively a valid reason for dismissal.
- The employee was notified of, and had an opportunity to respond to, the valid reasons for dismissal, both in writing and orally, through the investigation process, and the dismissal was otherwise fair.
Significantly, the Deputy President observed that the employee had not displayed insight into the seriousness of his conduct, particularly his safety contraventions, which he openly questioned by describing his speeding as a mere ‘jogging’ pace that was not dangerous, and by saying that he was never at risk.
Implications
The case is a reminder that modern tracking technology may validly be used by employers to identify and manage workplace behaviours.
The case is also a reminder that an employee’s lack of insight or remorse can also be a significant factor.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.