Can an employer monitor and enforce an employee's compliance with road rules?

A resounding “Yes” according to FWC (Thien Huy Xuan Dang v Coca-Cola Europacific Partners Australia Pty Ltd (U2023/1175)) after the employer was found to have fairly dismissed a worker who regularly and deliberately set their cruise control above the speed limit.

Our thoughts

This case highlights that employers can legitimately monitor and enforce WHS compliance with regard to work related driving through their own risk management systems and not rely on actual external enforcement (eg speeding tickets) or actual safety incidents.

Given the risks associated with driving there are clear and obvious reasons why such monitoring and enforcement should take place to meet the employer’s primary WHS duty. More particularly, this is a rare type of management activity where external or remote surveillance is more likely to be effective than one on one meetings and training.

Action Points

• Employers can legitimately monitor work related travel to meet genuine WHS needs – risk assessments will assist demonstrating legitimacy.

• Use multiple methods of disclosing surveillance practices will be in place – eg training, log on notifications, signage, presentation of statistics during one on one meetings etc.

• Continue to consult with your employees (and other workers) as to what levels of compliance are required.

• Reinforce your policies with practical guidance and training.

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