#Odat tracker driver#

On the basis of the driver’s mental health and suicidal ideations as outlined in the various medical documents, the Commissioner was satisfied that his circumstances fell outside what might objectively be considered to be the “usual stress and anxiety experienced” by employees’ post-dismissal. The Commissioner referred to Scott v Steritech Pty Ltd t/a Steritech FWC 2970, which found that “when mental illness becomes incapacitating it may be considered a factor that weighs in favour of a finding of exceptional circumstances”. In this case, the Commissioner found that the driver’s mental health was also a relevant consideration. However, according to the Commissioner, when determining exceptional circumstances an applicant’s situation must viewed holistically.

#Odat tracker driver#

In that regard, the driver provided detailed medical evidence in relation to his mental incapacity immediately following the termination of his services.Ĭommissioner Riordan found that there was nothing “out of the ordinary course, unusual, special, or uncommon” about the driver having to make his own enquiries as to processes and timeframes for filing an unfair dismissal application. The driver stated that following his dismissal, his mental health had significantly deteriorated, and that he had suicidal ideation. Second, that he was suffering poor mental health at the time of his alleged dismissal. First, that he was unaware of the process for filing an unfair dismissal application.

In seeking an extension of time for his unfair dismissal application, which was filed 7 days late, the driver provided 2 reasons for the delay. On his last day, the driver was transported to hospital following the respondent contacting the police after being made aware by the driver of his suicidal tendencies. The driver’s services were terminated following multiple customer reports over a 9-month period, culminating in an incident when he allegedly deliberately tried to drive into a customer with his car after a verbal altercation. The Fair Work Commission (FWC) has granted an extension of time to an Uber driver whose services were terminated following accusations of attempting to drive into a customer, finding that the driver’s mental incapacity and suicidal ideation amounted to exceptional circumstances.