PSU action blocks unfair sacking
By Dan Riley
MELBOURNE — Public Sector Union members in Department of Social Security (Area West) who took industrial action in support of a sacked temporary employee have won his reinstatement for the period of his contract. The win is significant because it has established that temporary employees have the right to contest dismissal. It also showed management that union members won't be intimidated or divided.
Temporary employee "Stephen" was sacked on March 22 after exercising his rights not to speak at a tape recorded interview about allegations of breaches of privacy and misconduct.
Up to and including the time of the interview, Stephen had never had the allegations detailed to him and had therefore not had an opportunity to respond. Several requests for the allegations to be presented in writing had been refused by the department.
After his sacking, Stephen's workmates imposed bans. They were outraged at the way he had been treated and were concerned that management's heavy-handed style would be used on them in the future.
The department advised the union that it had consulted with the Australian Government Solicitor and that no breach of natural justice had occurred. All their actions had been perfectly legal (temporary employees' contracts include a clause that they can be sacked at any time they are no longer required).
"Management couldn't grasp the fact that we didn't care about the legalities. We had never contested that; we just wanted Stephen treated fairly", said union delegate Ray Fulcher.
The bans affected the manager's performance-based pay, and resolution of the issue came within three weeks. Union members suspended the bans when the department guaranteed to abide by the result of a grievance investigation. The grievance procedure was never completed. Stephen was told by the officer conducting
the investigation that what the department had done was legally right but morally wrong.
Shortly after this, the personnel unit contacted Stephen and offered him a deal provided he withdrew his grievance. Stephen will receive full pay to the end of his contract (June 30), his record will show that his employment ceased due to end of contract — not misconduct — and the department has dropped all proceedings stemming from the alleged breach of privacy.
The union is now following up the ramifications of the department's admission that temporary employees have some form of legal redress against unfair dismissal.