Case against Toll dismissed after driver no-show

Truck driver loses unfair dismissal claim because he didn't bother turning up to the hearing

By Brad Gardner | October 30, 2009

A truck driver has lost his unfair dismissal claim against transport giant Toll because he did not bother turning up to the hearing.

Darren Townsend was contacted by Fair Work Australia when he failed to show on October 9 for Commissioner Michael Gay’s ruling on whether Toll Autologistics’ decision to sack him "was harsh, unjust or reasonable".

He did not reply to messages left on two of his mobile phones requesting an explanation for his absence and whether he still intended on taking action against the operator.

"Therefore…the applicant having been given reasonable notice and a reasonable opportunity to be heard in relation to failure to attend the arbitration proceeding, I dismiss the application," Gay says.

Unfair dismissal applications can be dismissed under the Workplace Relations Act if an applicant fails to attend a hearing.

Toll sent two representatives to the hearing on October 9 and waited for Townsend after Gay decided to adjourn the hearing for 30 minutes.

Townsend launched action against Toll on July 13 this year and elected to take the matter before Fair Work Australia on July 29 after conciliation failed to resolve the matter.

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