Ty Steven Granger loses unfair dismissal fight with council

A Queensland council supervisor demoted and then sacked for misconduct has challenged his sacking for operating a roadside slasher at high speeds in the state’s industrial commission.

Former Gympie Regional Council supervisor Ty Steven Granger has lost his unfair dismissal fight with the organisation, with the Queensland Industrial Relations Commission finding he was not unfairly sacked for breaching safety guidelines while using a roadside slasher.

A former Gympie Regional Council supervisor sacked for driving a slasher “recklessly” and putting people at risk has had his fight to overturn the firing cut down by the state’s industrial commission.

Queensland Industrial Relation Commission documents published on March 16, 2023, show Ty Steven Granger was sacked in May 2021 following several incidents involving a John Deere slasher which left the machine banged and battered.

The sacking came 15 months after he was demoted for taking council-owned railway iron for his own personal use while he was a supervisor at the council’s Kilkivan depot.

Mr Granger challenged both decisions at the QIRC.

The QIRC ruling reveals Mr Granger claimed in September 2018 that his supervisor offered him the chance to buy the railway iron from the council.

Ty Steven Granger was a former Gympie council supervisor working at Kilkivan before being demoted for misconduct after having council-owned railway iron delivered to his home in a council vehicle during work hours, claiming he had arranged to buy it. The iron was eventually returned. Photo: Philippe Coquerand

It was then delivered to his home on a council vehicle during work hours.

He said he returned it the following month after being told it should have been sold by tender.

An external investigation by Q Workplace Solutions found on the balance of probabilities Mr Granger had engaged in misconduct.

He was demoted, and his salary cut by about $20,000 per year.

Mr Granger landed in hot water with the council again in 2021, following seven incidents with a new John Deer slasher in a six-month period.

The QIRC documents show these included damaging the slasher after driving it into a light pole, and over a broken pipe head in the grass, costing the council $3040 in repairs.

Queensland Industrial Relation Commission documents reveal Ty Steven Granger was sacked by the council after seven incidents involving a slasher (not pictured) which caused more than $3000 in damage to the machine and posed a safety risk to himself, his co-workers, and the public.

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Concerns were also raised about “rooster tails” of grass left by the slasher and using it twice without a shadow vehicle.

QIRC vice president Daniel O’Connor rejected Mr Granger’s applications, finding the demotion justified and sacking not unfair.

Mr O’Conner questioned the reliability of diaries provided by Mr Granger during the investigation into the rail iron matter, saying the nature of the entries was “self-serving and appear to be written for the benefit of a third party”.

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“I find it hard to accept that the notes were made contemporaneously as asserted by (Mr Granger).”

Mr O’Connor said the evidence was Mr Granger took possession of the railway iron “for his personal use” without any arrangement in place to pay for it.

The Queensland Industrial Relations Commission found Gympie council CEOs were justified in demoting Ty Steven Granger in late 2019, and terminating his employment in 2021.

“The return of the railway iron only occurred when it became apparent to (Mr Granger) that inquiries were being made as to its whereabouts,” Mr O’Connor said.

He was “reasonably satisfied” the demotion had regard to the “nature and seriousness of the misconduct”.

Mr O’Connor further accepted Mr Granger “was engaged in slashing activity without the support of the shadow vehicle, in breach of (safety and traffic guidelines)”.

“In doing so, (Mr Granger) breached a critical safety procedure … in defiance of the established safety procedures and in apparent contradiction to the instructions of his employer,” Mr O’Connor said.

The evidence demonstrated “a pattern of behaviour which reflects a lack of care and concern for safety” and “excessive” speed was a “significant factor” in the damage done to the slasher.

Originally published as Ty Steven Granger loses unfair dismissal fight with council