Log in or become a subscriber

An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.

After Mondiale International informed the truck driver in April 2020 that his role was redundant, he claimed this was adverse action, alleging his employment was terminated because he'd made numerous complaints and enquiries over the previous 15 months.

The Federal Circuit Court heard the employee had challenged two written warnings he received; the first related to a public complaint about his erratic driving and the second was regarding his failure to report rest and other breaks during shifts.

In mid-2019, he raised concerns about: a disproportionate reduction in his work hours; inequitable access to night and weekend work; and safety issues related to fatigue management and trailer loading...