Toll has been ordered by the FWC Deputy President Gerard Boyce to reinstate TWU Delegate Wayne Chambers to his job and then made an order for payment of back pay to Wayne, to the value of around $140,000.
The FWC Deputy President has described the devastating impact of the unfair dismissal caused Wayne both emotional and financial distress.
The Deputy President also found that Toll’s policies and practices did not apply to Wayne’s personal or free time, saying “Whatever the applicant got up to, or wanted to get up to during their “free time” was a matter for them” and not Toll.
Richard Olsen, State Secretary said: “Toll overstepped their bounds, suggesting that an incident that occurred while Wayne was fulfilling his role as a union delegate was under their control. Wayne was attending a meeting organised by the TWU and not Toll. Tolls response was not appropriate and has caused unnecessary pain and hardship.”
Wayne returns to his job as a line-haul truck driver soon.