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[2015] FWC 7554
defendant. Application dismissed; order published dismissing application for unfair dismissal remedy
A bus driver was dismissed after returning his bus to the depot without permission when he was unhappy with his seat adjustment. The Fair Work Commission found that while the driver did the wrong thing by not getting proper authorisation to return to the depot—which was a valid reason for dismissal—he had not driven dangerously when reversing after a failed U-turn, had not refused a direct order to drive (he eventually complied), and had properly reported his concerns. The Commission also found the dismissal process was basically fair. Because there was a valid reason for dismissal and no major procedural problems, the Commission decided the dismissal was not unfair and rejected the driver's claim. However, this decision was later appealed and overturned by a Full Bench in January 2016.
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1 cited instrument linked from this judgment.
(#P116_14720) Exhibit W1, Statement of Mr Walpola, at para 9.
(#P127_16356) Exhibit T1.
(#P159_22065) Exhibit W1, Statement of Mr Walpola, Attachment SW2; and Exhibit T7, Statement of Ms Denise, Attachment DC 4.
(#P187_27707) Exhibit T1.
(#P190_28083) Exhibit T4, Statement of Mr Eid, at paras 21 to 23.
(#P205_30712) Exhibit T7, at para 11.
(#P208_31274) Exhibit T1.
(#P223_34286) Exhibit W1, at paras 29 and 30.
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Walpola
Transdev Melbourne Pty Ltd [2015] FWC 7554
Application dismissed; order published dismissing application for unfair dismissal remedy