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 
