BY SANDY WHELAN
ADELAIDE — "It's probably the first time I've ever really enjoyed a whole day at work", postal worker John McGill said of his first day back at Adelaide Mail Centre after winning an appeal against unfair dismissal on June 25.
McGill, who has worked for Australia Post for 18 years and is the Communications, Electrical and Plumbing Union's night shift representative at the centre, was dismissed on May 3 following an inquiry into the distribution of anonymous, anti-management pamphlets in the workplace.
The inquiry falsely concluded that McGill was the culprit because he was "well-known for anti-management writings and distribution of literature both inside and outside the AMC" and because of his "commonly-known passion for supporting the socialist cause and supporting the worker against management". There was no other evidence.
The charges referred to pamphlets issued in mid-August by an anonymous group within the AMC calling itself "the Resistance".
The irony in McGill's sacking was that he was critical of the way the pamphlets had been distributed, commenting "Anonymous newsletters are as useful as graffiti on the lavatory walls as far as winning struggles in the workplace is concerned. It's better to operate openly, so everyone knows who's on what side".
The decision to sack him was overturned by an independent appeal board. In order to win reinstatement, McGill had to prove not only that management had made a mistake, but that Australia Post had acted in a "harsh, unreasonable and unjust manner".
The board ruled unequivocally in McGill's favour, stating, "It was totally improper to use Mr McGill's self-proclaimed socialist beliefs and his association with the Green Left."
McGill said he has received enormous support from his workmates. He made copies of the inquiry's findings against him, and distributed them throughout the workplace.
After he was sacked, he resisted management attempts to escort him quickly out, stopping to speak to each worker and explain what had happened. Several workers organised a petition calling for his reinstatement with an apology.
McGill told Green Left Weekly, "I've never seen the workers so stoked, they all feel they have won. One of them even got on the public address system to sing out 'welcome back, John McGill'. The bosses are still trying to find out who it was."
On his return to work, McGill was told not to distribute socialist literature in the workplace, and given a warning because he swore at the boss when the charges were first laid.
McGill intends to challenge management's right to prevent him distributing legitimate material, and to also seek compensation for his unjust dismissal.