Posts Tagged ‘truck drivers’

Truckies win lunch break battle

Monday, April 5th, 2010


A national freight company that denied two truck drivers and a forklift operator their lunch breaks underpaid them a combined $33,750 a Perth magistrate has found.

Long-term truck drivers Timothy Falconer and Mitchell O’Brien, and forklift operator Bernie Williams, told WA industrial magistrate Giuseppe Cicchini that SCT Logistics breached employment contracts by not paying them the correct amount for working during lunch breaks.

The truck drivers said this continued from March 2003 to December 2007 at the company’s Forrestfield depot.

They demanded half-an-hour’s pay at double time for each lunchtime missed.

However, SCT claimed the men were never barred from taking lunch. The company argued instead that most drivers preferred to skip lunch so they could finish work earlier or get paid more.

Mr Williams said that at times between April 2003 and December 2007 he too had to work through lunch without being paid appropriate overtime rates. The company disputed this.

In a recent ruling, Magistrate Cicchini accepted the truck drivers were “almost invariably” unable to take a lunch break.

He found that Mr Williams was instructed to work through several lunch breaks without being able to take one later in the day.

He found Mr Falconer was underpaid $17,771.26, Mr O’Brien $13, 859.79, and Mr Williams $2119.15.