Truck driver loses unfair dismissal case after spoiling $73k of ice cream
The Fair Work Commission and the Workplace Relations Commission ruled that drivers are responsible for cargo safety and immediate incident reporting. The decisions reinforce strict professional standards for accountability within the logistics and transport industry.
Recent employment tribunal rulings have highlighted the strict professional standards governing the transport industry, specifically regarding the handling of cargo and the reporting of road incidents. These cases, heard across different jurisdictions, underscore the high expectations placed on drivers to maintain safety and accountability in their daily operations.
On Wednesday, 15 July 2026, the Fair Work Commission (FWC) finalized a decision involving a linehaul truck driver, Jeremiah Manly, who challenged his dismissal from ERH Refrigerated Transport. The dispute stemmed from an incident on 3 December where a load of ice cream was transported from Truganina in Melbourne's west to Wagga Wagga. The cargo required a trailer temperature of -22 degrees Celsius; however, it was set to -1C. As a result, the ice cream defrosted, causing a loss valued at more than $73,000. The company also reported an additional $30,000 in costs associated with the disposal of the ruined product.
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Mr. Manly sought to contest his termination, suggesting he was not the sole party responsible for the outcome. He argued that the cold storage facility may have loaded the cargo at an improper temperature and noted that a second driver, tasked with the delivery from Wagga Wagga to Sydney, had also been dismissed. FWC Commissioner Damian Sloan rejected these defenses, noting that Mr. Manly had six distinct opportunities during the trip to verify that the trailer's temperature settings were correct but failed to do so. Commissioner Sloan stated:
The Commissioner further observed that the possibility of negligence by other parties did not exonerate the driver from his own professional failures."Whatever [the cold storage facility] policies and procedures may be … or what the other driver may have done or not done, Mr Manly failed to set the temperature in the trailer correctly and failed to check the temperature during the trip."
In a separate matter involving the Workplace Relations Commission, a Cork-based driver, Denis Coakley, lost a claim of unfair dismissal against Ashgrove Recycling and Waste Management. The case involved an incident on 24 November 2023, where Mr. Coakley, while driving a truck belonging to Glassco Recycling, struck and damaged a pole while reversing up a one-way street. Company policy required all accidents and near misses to be reported immediately to a line manager. Mr. Coakley did not disclose the collision until he returned to the waste facility later that afternoon, by which time the hotel whose property was damaged had already contacted the company.
Adjudication officer Thomas O’Driscoll described Mr. Coakley's actions as reckless and dangerous
. The tribunal heard that the driver had navigated a bus lane illegally and reversed against traffic, causing damage that left the pole in a precarious position. Although legal counsel for the driver argued that the disciplinary process lacked procedural fairness—specifically noting that the employee was not provided with written reasons for his termination or informed of his right to appeal—the commission found that the substantive merits of the gross misconduct charge were overwhelming. Mr. O’Driscoll determined that the breach of trust justified the dismissal as a rational and proportionate response.
These professional disciplinary cases are distinct from matters of criminal liability that occasionally involve individuals from the transport sector. For legal context, the justice system distinguishes operational negligence from violent offenses, such as the case of Michael Keetley, a former ice cream truck driver sentenced to life in prison for a 2010 shooting in Florida. As reported by NBC News, Keetley was convicted of multiple counts of murder and attempted murder in a case of mistaken identity, illustrating the severity with which the legal system addresses criminal conduct regardless of a defendant's background.
Summary of Employment Tribunal Findings
| Driver | Employer | Reason for Dismissal | Outcome |
|---|---|---|---|
| Jeremiah Manly | ERH Refrigerated Transport | Failure to set and verify refrigeration temperatures | Dismissal valid |
| Denis Coakley | Ashgrove Recycling and Waste Management | Failure to report a collision; reckless driving | Dismissal valid |
As these rulings are finalized, they reinforce a clear precedent in logistics employment law: that professional drivers bear the primary responsibility for the security of their cargo and the immediate, transparent reporting of any vehicle incidents, regardless of procedural complaints or the involvement of other parties.
