Toll Remote Logistics succeeds in unfair dismissal defence

Ruling is that redundant fly-in fly-out worker was understandably not considered for a job on the other side of the country

Toll Remote Logistics succeeds in unfair dismissal defence
A former supply base operator [not pictured] with Toll Remote Logistics has had his redundancy confirmed.


A supply base operator working with Toll Remote Logistics has had his redundancy confirmed by the Fair Work Commission.

Mario Kloczonek had applied for an unfair dismissal remedy, but failed to convince commissioner Danny Cloghan that the company had not adequately considered him for other positions within the Toll group.

Kloczonek had been employed on a fly-in fly-out basis at the Gorgon project on Barrow Island since June, 2011.

He did not dispute that operational requirements had led to his particular role being no longer required.

He did, however, suggest there were opportunities for him to be redeployed to other areas within Toll Remote Logistics and its related entities.

Kloczonek had said that as a fly-in, fly-out worker, he would have been willing and able to work just about anywhere in Australia.

The company says it did consider him for two positions, one based in West Perth and one based in South Matraville in NSW.

Kloczonek was ruled out of the WA job because he did not have a multiple combination licence.

He was originally ruled out of the NSW role because it required a dangerous goods driving licence, but it was later realised that Kloczonek did in fact hold this qualification.

Still, the company says it was looking for experienced DG drivers specifically, and Kloczonek had not used the DG licence in his role.

Cloghan also doubted Kloczonek’s true willingness to relocate permanently for a new position.

"To ‘consider’ accepting a position is meaningless and an easy claim to make retrospectively," Cloghan says.

"It is true that, in the case of the DG driver’s position, the employer came to the wrong conclusion regarding Mr Kloczonek not having a DG licence.

"However, on the basis of what was known to [Toll Remote Logistics national HR manager Georgie] Withers at the time, she made a reasonable conclusion regarding the suitability of redeploying Mr Kloczonek into the DG driver’s position."

Cloghan concludes that Kloconek’s dismissal was a genuine case of redundancy, and his claim was dismissed.

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