On 8 April 2022, Transdev Melbourne Pty Ltd (A.C.N. 161 620 480) (‘Transdev’), was found guilty for discrimination against an employee under section 76 of the Occupational Health and Safety Act 2004.
The court found Transdev Melbourne guilty after the position of an employee was altered after they raised a health and safety issue with the government regulator Worksafe Victoria.
Jens Buche, an employee had raised a number of health and safety issues, including a missing door safety indication panel on a bus on 16 August 2018; which ultimately led to his being issued with a first and final warning by his manager on the 3rd September 2018. Mr Buche initially raised the issue internally before being told that the bus defect was a category two defect and that the bus could be kept in service and swapped at the earliest convenient location. Mr Buche refused to continue driving the bus and took the matter further, referring it to Worksafe Victoria.
Due to his ill treatment, despite the fact Mr Buche “loved driving buses” he felt he could no longer continues in his role as Health and Safety representative, and later left the industry. He left his role as a bus driver and health and safety representative, as his employer, Transdev, used his record of raising safety issues against him, and victimised him to silence him, concerned his reporting safety issues will affect profitability and Transdev’s ability to tender on future contracts.
In this case, the Judge lent on the side of leniency because: “Transdev is planning to tender for public transport contracts in September 2022 and apprehends that the imposition of a conviction will prejudice those efforts.” The Judge imposed a fine of only $30 000, without recording any conviction against the company which could subject this company to a maximum fine of $402,975. The employment rights of work class is compromised by the concern of economics.