Email of 5 May to Secretary of Senator committee on Workplace Relations

Dear Mr Carter,

Ref: Petition regarding workers’ constitutional rights arising from unlawful termination case of Hilda Zhang, presented by Senator Marshall on 11 September 2007

Thank you very much for taking time to consider the matter. You advised me that you had not got any opinion about my previous email. I would like to summarise the matter in concerns.

A Full Court’s interpretation of unlawful dismissal laws has caused a constitutional problem or created a legal loophole, which is Australians are requested to complain about workplace illegalities ‘only to a Court or Tribunal’ while for the time being no laws request or allow Australians to do so.

The questions are:

1. What is the merit of the laws, while Australians have no right to obey those laws at work? (As Australians have no right to obey the laws at work for the time being, apparently, the merit of those laws is diminished.)

2. Do you believe Australians have constitutional right to obey the laws at work? (If the answer is no, a particular law ought to be enacted, which is employers’ instructions prevail over the rules, regulations, laws and Constitution at workplace. For the time being Australians at work are bond by the cover clause 5 of the Constitution.)

3. Do you believe that Australians ought to complain about workplace illegalities ‘only to a Court or Tribunal’ or that the Government and Parliament have to amend the unlawful dismissal laws in accordance with the Full Court’s interpretation? (If the answer is yes, a particular law ought to be enacted to request and allow Australians to complain about workplace illegalities ‘only to a Court or Tribunal’.)

It is hard to image or clarify why Australians have to face the dilemma (cannot obey the laws at work) everyday without the details of a real case.

Please do not hesitate to inform me, if you have any further concerns.

The backgrounds of the petition are attached.

I look forward to hearing from you.

Yours sincerely

Daming He

Enc

Cc: the Committee Members