Warns TWU Secretary Jim McGiveron ‘When someone loses their job, the consequences hurt not only them but their families

In the June edition of The Wheel there are several stories about workers who - in the opinion of your union - have been sacked unfairly.

In each of these cases the TWU has lodged applications with the industrial courts seeking reinstatement and/or financial compensation.

One of these cases involves fuel tanker driver Mick Connolly who was sacked after he reported his employer to Worksafe for failing to attending to serious breaches of safety. The day after Mick was sacked, Worksafe attended the Kwinana premises of Fuel Distributors and issued four notices for breaches of the Occupational Health & Safety Act.
The TWU's lawyers and industrial practitioners took Mick's case to the Occupational Safety Tribunal. A significant but confidential financial settlement was reached in Mick's favour.

A second case, involved Swan Transit bus driver Ken McMahon. Ken went to the aid of a woman bus driver who was being assailed by a drunken passenger who Ken had refused to allow on the bus. This matter has generated a lot of media attention and Mr McMahon's case is still to go to court where we will seek his reinstatement.

In another case Peter Cross, a concrete truck driver with Hanson Concrete was sacked when he signed a petition, criticising a company safety scheme. In our view Peter was sacked for expressing a democratic opinion. We are taking that case very seriously too but that matter is also awaiting a hearing date.

Now, the TWU does NOT automatically support anyone who is dismissed from their employer.
There are many cases where employers sack people for very valid reasons.
Our legal and industrial relations experts weigh up each case separately and if we think a dismissal of an employee has been appropriate we will not proceed further.

However, in most cases where a worker believes they have been unfairly treated, we will help that person have their day in court.

The decision to dismiss a person is generally a very difficult one. And most employers are loath to do so unless the situation has become untenable for them.
In the three cases described above, the employers in each case, could have resorted to other less severe solutions than termination. Jobs are getting a lot harder to get out there as we all brace ourselves to contend with the economic downturn. When someone loses their job, the consequences hurt not only them but their families.

We would like to think that - before a manager sacks someone - they consider the wider effects of their actions.