News & Views
$30,000 fine for discrimination on OHS grounds justified
Trucking company Boylan Distribution Services, found guilty on 29 July of the illegal dismissal of driver Brian Davies after he raised safety concerns, was today fined $30,000 and ordered to pay over $12,000 in costs. The offence carries a maximum penalty of $100,000.
Leigh Hubbard, Victorian Trades Hall Council secretary, said "The hefty fine is justified. This conviction, the first of its type in Victoria, sends a clear message to employers: Sacking a worker for speaking up about health and safety is a serious and prosecutable offence. Our legislation gives workers and their representatives a right to speak up without fear of intimidation or reprisal. Working people are also entitled to refuse work that might result in them being injured or even killed."In our experience, however, many workers and their elected representatives have suffered discrimination at the hands of their employer for doing exactly that. While the OHS Act of 1985 theoretically protects them, there have been problems with this in practice. Being able to speak up about health and safety is an essential part of improving health and safety standards.
"This is one of the areas the VTHC wants reviewed in the overhaul of the Act, announced by the WorkCover Minister Rob Hulls this weekend.
"Amongst other things, we want to see the Act provide more effective protection for workers and their representatives, and stronger obligations on employers to listen to and value the contribution of all their workers," Leigh said. "To ensure that all workers can speak up about health and safety, the review of the Act must take account of the effects of changing employment arrangements, such as increasing casualisation and labour hire."