The driving force of a 2km-long prepare full of iron ore that derailed in Western Australia in November has filed an unfair dismissal declare towards BHP.
Legal professionals for the person mentioned his declare was lodged with the Honest Work Fee this week, three weeks after he was sacked.
“We are saying the choice is unfair for a raft of causes, not least of which is blaming the employee for the accident when there have been vital points with the techniques over which he had no management,” Timothy Kucera mentioned.
“It’s a traditional case of blaming the employee, not the system.”
The absolutely laden prepare was intentionally derailed about 120km out of Port Hedland by BHP’s distant management centre in Perth on 5 November, destroying 1.5km of monitor and costing the corporate an estimated $55m a day till the monitor was repaired.
It had travelled for 92km with no driver after the motive force stepped off the prepare to examine one of many carriages and, BHP alleges, did not correctly have interaction the emergency brake for your entire prepare.
BHP’s Western Australian iron ore asset president, Edgar Basto, mentioned in November that the motive force had left the prepare to disconnect a braking system management cable, which had precipitated the prepare to cease.
“Our preliminary findings present that the emergency air brake for your entire prepare was not engaged as required by the related working process,” Basto advised Australian Mining journal.
“As well as, the electrical braking system that originally stopped the prepare robotically launched after one hour whereas the motive force was nonetheless outdoors. Resulting from integration failure of the backup braking system, it was not capable of deploy efficiently.”
BHP confirmed the motive force now not labored for the corporate and mentioned it couldn’t touch upon the unfair dismissal case “out of respect for the person and their privateness”.