May I ask your indulgence and tell you my own view on the 2007 election. I have until recently worked for 3 years as a part time casual at a large local camera store in Maroochydore. Being a Professional Photographer it was beneficial to myself and I thought my knowledge was valuable to my employer.
Earlier this year I was asked to vacuum the floor with an old vacuum
cleaner having done half the floor I found the electrical cable had
worn through and the wires were exposed, as per my responsibilities
under workplace health and safety I reported this to my employer and
was told he would fix it. A short time later the cleaner was returned
to me with some sticky tape round the damaged cord area. I considered
this to be unsafe and refused to use the equipment. I based this
decision on the fact that I had been a member of the Occupational
Health and Safety committee at the university where I was previously
employed for 16 years, My wife is a trained Occupational health and
safety nurse and my son is an Occupational health and safety manager at
a mine so Occ health and safety is a fairly common discussion in our
home, so I am fairly aware of my responsibilities .
My employer gave me a simple choice "Use the equipment or leave".
Rather than risk my life (I refuse to have "Died while vacuuming the
floor" inscribed on my tombstone :) and endanger the lives of
customers and other staff, I left. As soon as I got home I called the
local Occupational Health and Safety office and reported the incident.
They attended the scene and found the item to be faulty and dangerous.
Now the interesting part. If I had used this equipment under Queensland
Occupational Health and Safety laws I would be liable for a fine not
exceeding $20,000 and or up to 12 months in prison. However after
extensive discussion with the federal workplace minister Joe Hockey and
his office I have been informed under the federal law it is neither
unlawful or unfair dismissal for my employer to sack me for refusing to
use dangerous equipment. Let me repeat that It is not illegal to sack
a worker for refusing to break the law and endanger their life and the
lives of others.
I took this matter to the AIRC as there was no assistance available
from the government for sacked workers I had to attend by myself. I
managed to bluff my way through the meeting and negotiated a return to
work with 4 points agreed on by my employer and myself. He required
that I park my car in the correct car park and wear the correct colour
shirt one day a week. I required that I return to work on the same
duties as before and that my employer not abuse either myself or other
staff or customers.
These were agreed on and the commissioner made a point of emphasizing
my disability to my employer ( i am dyslexic and find writing quickly
and accurately under pressure impossible)
On my return to work I was presented with a document with 32 new duties
for me to perform 12 of these new duties involved reading and writing
something my employer had been specifically told I was not capable of
performing and that I had repeatedly told my employer I was not capable
of doing over my previous 3 years employment.
I stressed out and went off on sick leave, my doctor approved this and
I was accepted for work-cover payments. I checked with the AIRC saying
we had negotiated an agreement and my employer had not kept his side of
that agreement what happens next? Their reply was slightly confronting
they just said that they had negotiated a return to work so the case
was closed there was absolutely no responsibility on their part that
the employer keep to the agreement. Once the matter leaves the AIRC
then that is the end of it.
I was pretty disappointed with this with this to say the least.
I contacted my local member of parliament a Liberal while his office
was very concerned but was unable to do anything to assist me other
than tell me that they thought the system was unfair and did not
protect workers.
Sometime later I was still on work-cover payments I received a letter
from my superannuation company informing me that my employer had ceased
my super payments because my employment had been terminated. I had
been sacked while I was on sick leave this was unlawful dismissal under
workchoices legislation so I contacted the Workchoices office they
agreed that it was unlawful but told me there was nothing they or any
other government department could do to assist me. I mentioned the
workchoices advertisement offering protection to workers and was told
that that did not cover this situation.
I phoned the workplace ombudsman and was told "Get a Lawyer" when I
suggested that it may be a case they should investigate I was told that
I was being uncooperative and they hung up on me.
I again contacted my local member and they contacted Joe Hockey's
office I got an email from Joe Hockey's office saying that this was a
matter that the Workplace Ombudsman could and should investigate and
that a senior officer from the Brisbane office would contact me
shortly, a person called and I explained the situation he said that
there was nothing they could do. I suggested that I had been sacked
while on sick leave and that this was unlawful by their laws he replied
"If we help you then we would also have to help your employer" I told
him that Hockey's office had said that this was something they could
investigate, he replied and I quote "The minister and his department
have no idea about the legislation or what is going on"
I again contacted my local member and Hockey's office and they agreed
that this was not a matter for the ombudsman and that there was no
assistance available to me.
Being an annoying and very determined person I again contacted Joe
Hockey's office after he stated publicly that "he would investigate any
wrongdoing by either union or employer". He was, of course, defending
using government funds to investigate alleged union wrong doings.
I again was contacted by a senior person in the workplace ombudsman's
office who at least made what appeared to be an attempt to get some
assistance for me.
So far nothing has been forthcoming. To sum up a long story all the
advertising all the assurances all the "Protected by law" statements
are worthless propaganda, when it comes to the crunch, the new
workplace laws are written for and by employers. Employees have had
their basic working rights that have ben fought for by generations of
unions and workers stripped away.
I will continue to fight and annoy them as much as possible. I will also tell my story to anyone who will listen.
If you have made it this far through my story thank you. I am not
alone in unfair or unlawful dismissal I have heard many similar stories
but unless a worker can come up with the $40,000 or so to take the case
to a federal court the employer escapes any justice.
Why will I not be voting for John Howard and his team of supporters? I think you get the main idea.
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poor empliyer behaviour
By: kevarms (Registered ) on 15-10-2007 03:14
Indeed a sad tale of poor employer behaviour ! I suggest taking the matter back to the Workplace Ombudsman and if you don't get a satisfactory answer within 7 days go to Kerry O'Brien on Lateline !
I found this this morning By the Workplace Ombudsmans charter they are supposed to be investigating such incidents but instead they are refusing to do so claiming it is not their duty. http://www.wo.gov.au/asp/
index.asp?sid=7407&page=complaints-help-view&cid=5379&id=761
"The Workplace Ombudsman, his Office and his Inspectors provide the following services to workers and employers in Australia:
assist workers and employers to understand their rights and obligations under federal workplace law; promote and monitor compliance with federal workplace law, including by providing assistance and advice and disseminating information; investigate complaints or suspected contraventions of federal workplace law; inquire into any act or practice that may be contrary to federal workplace law; institute proceedings to enforce federal workplace law; represent workers who are, or might become, a party to proceedings under the Workplace Relations Act 1996. The Workplace Ombudsman appoints Workplace Inspectors empowered to investigate and enforce compliance with Commonwealth workplace laws, including:
provisions of the Workplace Relations Act 1996 and the Workplace Relations Regulations 2006, including but not limited to: "
"If a breach of workplace law is identified, inspectors may issue a “breach notice” (fix within a set time) or, for breaches of pay slip and record-keeping requirements, issue an “infringement” (on the spot fine) notice to an employer. In cases where the alleged breach is serious, wilful or repeat in nature, legal action may be initiated by the Workplace Ombudsman to recover entitlements and/or seek penalties via the courts if appropriate."
Let me know if you think I have read this information incorrectly but I am in a FEDERAL controlled workplace and Unlawful dismissal is covered in the Workplace Relations Act 1996.
Doug Steley's story cannot be unique. There must be thousands of stories like his. I feel for your frustration. You did what was right and got shabby treatment. Joe Hockey is just like the rest of the Howard gang, although he was not that bad till they told him to get tougher.
The whole Work Choices debacle is a case of sloppy, ideologically driven and extreme legislation rushed through the parliament without proper review. This was made possible by the Howard government gaining control of the Senate and then abusing its proper function as a House of review.
The bombardment of advertising to persuade us that the Work Choices legislation is working is an example of abuse of office and theft of public funds. This is just one more reason to throw the Howard stooges out of public life.
I do not have much faith in the Labor Party to address these wrongs in full. They will not be able to while they still have a hostile Senate, until July 2008. If there are lots of Greens Senators Kevin Rudd will have to deliver a set of workplace rules that is safe and fair. Unfortunately Labor will retain some of the worst of Worst Choices.
I would assume that Labor would get in easily and vote Green. It would make the Labor Party wake up and realise that their very average IR policies are not any way good enough to protect workers' rights.
After all the advertising about how good Work Choice legislation is; the reality is clearly different. There are some good Australian words to describe how we have been conned by the Coalition Government. Doug you need to get your story out to more venues.
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