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Issue No. 261 | 29 April 2005 |
Lest We Forget
Interview: Australia@Work Unions: State of the Union Industrial: Fashion Accessories Legal: Leg Before Picket Politics: Business Welfare Brats Health: Cannabis Controversy Economics: Debt, Deficit, Downturn History: Politics In The Pubs Review: Three Bob's Worth Poetry: Do The Slowly Chokie
Dick Tracy Booted In Blacktown Picnic On for Working Families Skinny Pay Starves Weight Watchers Aged Care Workers Off Their Feet Unions Urge Fair Go For Timorese
The Soapbox The Locker Room Culture Parliament
Labor Council of NSW |
News Blackadder Bones Boss
Meatworkers union leader Kath Evans has hailed the decision as a "win for all workers across Australia" and a classic example of the "little guy taking on the big guy". "This is a unanimous decision from a conservative bench,' says Evans. "We are delighted." "What this means for workers is that if they are re-instated they will have a job and not simply be paid to 'go away'." Stephen Blackadder, a boner at Ramsey's abattoir in Grafton, was sacked in September 1999 after he refused to move from his usual job of boning the hindquarters of pre-chilled carcases, to another job for which he was not fully trained and risked aggravating an existing injury. On the previous day Blackadder had given evidence unfavourable to Ramsey in AIRC unfair dismissal proceedings involving another employee. The high court found that Ramsay's had breached an AIRC reinstatement order when it put Blackadder back on the payroll but refused to provide him with work. Justice Kirby of the High Court presumed that the boner believed his change in duties the day after the AIRC hearing was "more than coincidental". "The [Workplace Relations] Act does not grant the employer the unilateral power to buy its way out of the obligations imposed on it under a valid law of the Parliament," he said. "'Reinstate' means literally to put back in place," Justices Callinan and Heydon said in the court's leading judgment. They said the issue at stake in the case was whether the WR Act's unfair dismissal provisions required an employer "to provide actual work" to a reinstated employee. "The words 'reappoint' and 'position' should not be read in any restricted way."
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