“Wilful and Reckless” Train Driver Who Refused to Accept Any Responsibility Dismissed

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“Wilful and Reckless” Train Driver Who Refused to Accept Any Responsibility Dismissed

03/08/2012

A train driver who allowed his train to exceed the speed limit and enter a “track work area” after failing to stop at a red flag has had his dismissal upheld by Fair Work Australia.

The driver alleged numerous deficiencies in the employer’s safety system to the point that the Fair Work Australia Deputy President commented that “the worker steadfastly refused to accept any responsibility for the incident”.

The Tribunal upheld the driver’s dismissal citing the employer had conducted an extensive investigation and the worker was offered ample opportunity to defend his actions, and there were no mitigating circumstances in this case.

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