A truck driver has lost his unfair dismissal case after an error led to the loss of a $100,000 ice cream shipment. Jeremiah Manly was dismissed by ERH Refrigerated Transport after a December 2025 delivery run to Sydney where the trailer carrying frozen products was set to the wrong temperature.

The Fair Work Commission heard that the load sheet specified the trailer should have been set to minus 22 degrees Celsius. However, Commissioner Damian Sloan found that the temperature in the trailer had been set at minus 1 degree Celsius for the entirety of Mr. Manly's trip from Wagga Wagga to a cold storage facility in Truganina, Melbourne, and then to Sydney.

By the time the error was corrected remotely by ERH's night manager, the entire load had defrosted and had to be written off and disposed of. The spoiled cargo was valued at nearly $74,000, with disposal costs adding an additional $30,000.

Mr. Manly, who had been a linehaul driver for the company since November 2022, argued that the company had not followed a fair process in his dismissal. While Commissioner Sloan acknowledged a lack of procedural fairness because the company had pre-determined the outcome before hearing Mr. Manly's response, he stated this flaw was insufficient to overturn the decision.

Mr. Manly claimed he had set the temperature correctly but could not explain the discrepancy. He also suggested trailer doors had not shut properly, requiring maintenance. Commissioner Sloan rejected these explanations, noting they were raised late and contradicted temperature records. The commissioner found that Mr. Manly had multiple opportunities to check the trailer's temperature during his trip but failed to do so.

"The consequences of Mr Manly's dereliction of duty were foreseeable. They resulted in significant loss for ERH," Commissioner Sloan ruled. The commission ultimately found that ERH Refrigerated Transport had a valid reason to terminate Mr. Manly's employment, and his dismissal was not harsh, unjust, or unreasonable. ERH Refrigerated Transport has been contacted for comment.