The Case

Brett Ferber v Orana Australia Ltd (2023)

On 29 May 2023, Orana Australia Pty Ltd (Orana) dismissed Mr Ferber from his employment after an Orana-provided car he was driving collided with a wheelie-bin.

Orana provides supported employment for persons living with disabilities, and at the time of the accident, Mr Ferber was transporting three clients of Orana. Mr Ferber was licenced and driving under the speed limit at a speed of approximately 30 kilometres per hour. There was no damage to the bin or the car as a result of the collision. There were no injuries. Mr Ferber did not report the incident. However, one of the clients did.

On being spoken to about the matter, Mr Ferber admitted fault and apologised for the incident. Mr Ferber admitted he was momentarily inattentive and had a poor night’s sleep the night before. Mr Ferber otherwise had a good employment record.