Kerry Smith, Sydney
Construction, Forestry, Mining and Energy Union delegate Barry Hemsworth was sacked on September 6 after 40 years in the mobile crane industry. He is another victim of the Howard government's assault on workers' rights.
Hemsworth had been the elected union delegate at Botany Cranes and Forklift Services for a decade. For the last 12 months, he had been in dispute with his employer over a management decision to force individual employees to be responsible for occupational health and safety "work method statements".
This was an attempt by the company to circumvent its OH&S responsibilities. Many of the company's employees have not been provided with adequate training to complete these statements.
Hemsworth was determined that company employees be properly trained. He was finally sacked for "insubordination", and was advised he could only attend a safety meeting concerning this issue if he agreed not to argue his point of view.
Employees at Botany Crane's Exell Street yard have condemned Hemsworth's sacking but, as a result of the new laws, face possible fines of $28,600 each if they attend a union meeting to discuss it. Hemsworth has no protection from unfair dismissal because the Howard government abolished unfair dismissal appeal rights for employees working for companies with up to 100 employees.
Hemsworth has decided to protest outside the factory gate to highlight the injustice and campaign against these unjust laws. To support Hemsworth, please email him at <botanycranes@bigpond.com.au> or join his protest at 3-5 Exell Street, Banksmeadow.