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The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.

In November last year, Cleanaway Operations sacked the driver after substantiating allegations he had falsified run sheets and failed to take fatigue breaks in accordance with heavy vehicle fatigue management laws and company policy.

In unfair dismissal proceedings before Commissioner Sarah McKinnon, the employee claimed the heavy vehicle fatigue management laws didn't apply to his vehicle because it was less than 12 tonnes, and that his supervisors had effectively condoned his breaches by signing off on his run sheets.

He claimed the real reason for his dismissal was the employer's reluctance to convert him from casual to permanent employment. He said that in June last year his supervisor informed him of his right to request conversion, but recommend against it, and then ignored his numerous attempts to convert...