Truck driver terminated after ‘nearly crushing a car’

Following termination for “dangerous” and “erratic” driving, a truck driver’s unfair dismissal application was dropped by the Fair Work Commission.

On 17 November, Fair Work Commission deputy president Bryce Cross rejected the unfair dismissal claim of a worker terminated for “serious misconduct”.

The worker, Brandon Mathis, was employed by Load & Go on or around 23 or 24 July 2024 as a full-time TD driver (truck with dog trailer).

Load & Go’s operations were overseen by its director, George Saad. The business employed 48 staff, and its HR functions were carried out by Saad and its operations manager, Taniela Tuakoi.

Vehicle damage and reports

Mathis was involved in several incidents that resulted in damage to a company truck assigned to him, including $8,000 in tarp damage on 21 October 2024 and a further $2,500 in dog trailer damage on 20 November 2024.

On 10 July 2025, Mathis was involved in a driving incident when he crossed double unbroken lines, resulting in a complaint from a member of the community.

The following day (11 July 2025), Mathis was issued a “first and final” warning letter by Load & Go.

Three days later (14 July 2025), Mathis was involved in another dangerous driving incident.

This time, he was driving his truck in the M4 tunnel, with dash camera footage revealing that he cut in front of a car and nearly crushed it into the tunnel wall. This incident was reported to his employer by a member of the public who called his driving “dangerous” and “erratic”.

Later that day, Mathis was called into a meeting with Saad and Tuakoi, where he was issued an employment termination letter. In the letter, the employer characterised the event on 14 July as posing a “significant risk to public safety”.

Following the meeting, Mathis ceased employment with Load & Go.

Mental health and an ‘accident’

In a statement of events lodged by Mathis on 30 October 2025, he claimed that he had not been given an ample opportunity to give a response to the allegations that Load & Go had made about his driving.

The deputy president noted that although Mathis had been “aware of the precise nature of the concerns following the 11 July warning and had full opportunity at the 14 July meeting”, he did not meaningfully contest these concerns.

In his statement, Mathis noted that he had informed Load & Go of his mental health issues in correspondence on 11 July 2025.

Cross ruled this claim irrelevant to the case as he had not provided any medical evidence of the mental illness.

At the hearing, Mathis initially contended that the 14 July 2025 incident was an “accident”.

However, following the presentation of dash camera footage before the commission, Mathis conceded that “he knew it was illegal and took full responsibility”, Cross heard.

No warning needed

Upon consideration of evidence, the deputy president noted that “for heavy vehicle operations, near-miss events of this kind are significant and need not eventuate in injury to amount to serious safety breaches, particularly post-warning and with client repercussions”.

Thus, Cross ruled that Load & Go was not required to provide Mathis an opportunity to respond to allegations before he was terminated, because his “conduct created a serious and imminent risk to the reputation, viability and profitability of the [Load & Go]”.

Cross ruled the termination valid, dismissing Mathis’ application.

The case: Mr Brandon Mathis v Load & Go Pty Ltd (U2025/12230).