Car park company slammed for firing one of its parking inspectors who was hit by car while issuing ticket
“Troubling and inexcusable.” A parking inspector who was hit by a car in Launceston while issuing a parking ticket has won an unfair dismissal case against car parking giant, Care Park.
A parking inspector who was hit by a car in Launceston while issuing a parking ticket has won an unfair dismissal case against his one Australia’s leading car parking providers Care Park.
Robert John Wilson, 70, was hit by a car on November 15 last year in the Yorktown Square car park.
According to a new decision by the Fair Work Commission, Mr Wilson called the police and went to hospital where a torn meniscus in his left knee was discovered.
Complicating matters, Mr Wilson was also issued with a Police Infringement Notice for causing a traffic hazard as a pedestrian during the incident, over allegations that he had deliberately moved into the path of the car.
However, ultimately police agreed to tender no evidence and the complaint was dismissed by the court in June this year.
Meanwhile, Mr Wilson had made a workers’ compensation claim and received payments until January this year while he was incapacitated for work.
His wife contacted his employer in late January and reported he’d been suffering memory loss and mood swings.
Care Park then sent a letter to Mr Wilson, disputing it had liability to continue paying him workers’ compensation payments.
The organisation then had a win in the Tasmanian Civil and Administrative Tribunal in February, which found it had a reasonably arguable case disputing liability and ordered no weekly compensation be paid.
Mr Wilson said he expected his employer to subsequently contact him to discuss his wellbeing and a “way forward”, but no contact was made.
Then in June this year, Mr Wilson found an email from Care Park in his junk email folder firing him due to his “extended absence from the workplace and the outcome of your workers compensation claim”.
Before the Fair Work Commission, Care Park argued that Mr Wilson “abandoned” his employment and made no efforts to engage with his employer after a query email in March this year in which he asked about the status of his employment.
But commission deputy president Ian Masson disagreed.
He found that Care Park had simply given Mr Wilson a “non-response” reply email in March.
“There was a troubling and inexcusable disinterest on the part of (Care Park) to the welfare of (Mr Wilson) and if and when he would be fit to return to work,” Mr Masson said.
The respondent ought to have taken steps to confirm the status of said employment and required him to furnish relevant medical information going to his fitness for work. The failure to do so left (Mr Wilson) in a state of uncertainty as to where he stood and reflects poorly on (Care Park).”
Mr Masson said while Mr Wilson could be criticised for his inaction, he noted he would have been focused on the court action and the need to clear his name.
He found Mr Wilson did not abandon his work, and that his dismissal was unfair.
Mr Masson ordered that reinstatement was inappropriate, but that Care Park should pay Mr Wilson $8125.92 for remuneration he should have received.
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Originally published as Car park company slammed for firing one of its parking inspectors who was hit by car while issuing ticket
