Court Says Worker Was Sacked For Being Unionist

< BACK TO LEGAL starstarstarstarstar   People - Legal Press Release
21st November 2008, 05:44pm - Views: 627





People Legal NATIONAL UNION OF WORKERS (NSW BRANCH) 1 image





NATIONAL UNION OF WORKERS (NSW BRANCH)

MEDIA RELEASE - FRIDAY NOVEMBER 21st 2008


COURT SAYS WORKER WAS SACKED FOR BEING UNIONIST

Federal Court says worker was fired due to union membership and activities

Court rules that company acted unlawfully

Court orders reinstatement of worker

$12,000 fine imposed upon employer

Worker compensated for damages suffered


A Federal Court Judge has found that the multi-national stationery distributor Esselte acted unlawfully

in sacking a worker for being a union member and workplace Delegate.


Justice Michael Moore found that Mr. David Rojas, 56, a worker at the Esselte warehouse at Minto in

south western Sydney was dismissed from his job because of his union membership and his role as a

National Union Of Workers (NUW) workplace Delegate.


Prior to his sacking, Mr. Rojas and his fellow workers were on strike for 14 weeks in 2007 in a protected

action for a collective workplace agreement. The company was attempting to put the warehouse workers

on individual agreements (AWAs). The AWAs that were on offer were inferior to the collective

agreement which was previously in use at the workplace.


“This decision is a personal victory for David Rojas and victory for all of our members at Esselte”,

according to NUW spokesman Mark Ptolemy


“Mr. Rojas put his neck on the line for what he believes in and for his workmates. His actions have been

vindicated.


“The treatment David Rojas received from his employer was appalling. He was punished for taking a

stand and fighting for his rights”, Mark Ptolemy said.


The NUW believes David Rojas acted with courage and is an inspiration to workers everywhere.


“David fought back in the face of adversity. He lost his job and was punished by an unreasonable and

unrelenting employer. Many would have crumbled under the pressure but he knew this was an important

fight for all of the warehouse workers at Esselte.


“The NUW congratulates David on his strength and tenacity”, Mark Ptolemy said.


David Rojas thanked the NUW for standing by him through many difficult months.


“Without the union we would not have gotten our collective agreement at Esselte and I believe I would

not have gotten my job back. 


“I am thankful to the NUW and very thankful that we have gotten justice”, Mr. Rojas said.


Ends. 

Federal Court reference: NSD 1875 OF 2007

For further comments please contact Mark Ptolemy on 0414 99 38 73






news articles logo NEWS ARTICLES
Contact News Articles |Remove this article