Friday, January 01, 2010

Post on ACTU’s Rights Watch Blog


'Bullying and retaliation cases in Court and Commission

'Posted by Daming - 01:06 PM 16.12.09

'Could an account be sacked for refusing to falsify accounting record and report, like Hilda, an accountant?

'Yes, she was sacked. This may explain why there are many financial scandals, for instance, HIH, One-Tel and AWB. A judge characterised her complaint to the employer, union, CPA, WorkSafe and ATO etc as only in the capacity as employee. The employer’s counsel conceded: the illegality is in fact on the part of the employer. However, her claim of unlawful dismissal was struck out and she was ordered to pay the employer’s costs because she had not made any complaint to a Court or Tribunal in her employment even though no law allows her to do so.

'To avoid retaliatory dismissal, legal advice for workers is that you have to follow all directions from bosses including apparently unlawful directions.

'Adding to the issue is that the governments’ information (on the governments’ websites etc) and legal advices contradict each other. The government assert:
it is a workplace right to be able to make a complaint,
it is against the law for the employers to threaten to dismiss employees for making a workplace complaint.

'To clarify the confusion and let worker make fully informed decision about workers’ right to make complaint, a public debate is needed.

'(To know more about bullying or retaliatory dismissal, and to share your real stories, comments or suggestions, please look at website:

'Unions Australia answered on: 17.12.2009'