Trucking company penalised for refusing to pay unfairly sacked worker
A Brisbane-based haulage company has been ordered to pay more than $30,000 in fines to the Fair Work Ombudsman after failing to pay compensation to a lorry driver it unfairly dismissed.
The Federal Circuit and Family Court fined Michael Lawler Transport Pty Ltd $26,292 and its part-owner and sole director Michael Lawler $5258 after it refused to comply with a Fair Work Commission decision to pay compensation to former employee Harish Kumar.
Kumar has been hired at the shipping company from July 2022. He was released without explanation in November 2023.
Michael Lawler Transport Pty Ltd and its owner were ordered to pay fines of more than $30,000.Credit: Scott McNaughton
According to documents lodged with the Fair Work Commission last year, the dispute began when Lawler asked Kumar to wash a company truck.
Kumar said he did a “normal wash” on the truck but was asked to do an “acid wash”, which he would not do in heavy rain as it would be “slippery” and unsafe.
The next morning Kumar was given the shift to go to Caboolture at 6.10am. He was later contacted by Lawler and told him “not to come to work for a while.”
Kumar contacted Lawler that afternoon and wrote: “I understand you are unhappy with me for not cleaning the truck, but as I explained the task was: [not] “It is possible to complete it under such heavy rainfall because it is life-threatening.”
He continued that he loved his job but “I like being alive better” and asked for an explanation of Lawler’s statement that he should not go to work “for a while.”
“Am I being fired? Am I getting a warning? Am I on paid leave? Please explain,” he wrote.
