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News & Views

Unions welcome court decision

30 July 2003

Victorian unions welcomed a landmark decision in the Sunshine Magistrates Court yesterday (29 July) that found trucking company Boylan Distribution Services guilty of the illegal dismissal of driver Brian Davies, after he raised safety concerns.

Magistrate Donna Bakos found the company guilty of sacking Mr Davies because he made an occupational health and safety complaint. The offence attracts a maximum penalty of $100,000 but the penalty is still to be ruled on by the Magistrate.

Victorian Trades Hall Council secretary, Leigh Hubbard, said the decision was a victory for workers because it vindicated their right to speak out on occupational health and safety concerns without fear of intimidation or reprisal.

"This decision sends a clear message to employers that they cannot discriminate against workers simply because they raise OHS concerns. It is also reinforces the message that working people are entitled to speak up for their rights and refuse to undertake tasks that might result in them being injured or even killed."

Mr Hubbard said the Victorian union movement applauded any action that viewed workers' safety as paramount in the workplace. He said that the VTHC would launch a campaign encouraging workers to speak up for health and safety next Monday (4 August) to complement a recent WorkSafe campaign on the same issue.

"The union movement views occupational health and safety as the single most important issue for workers today. Each and every worker has the right to remain safe at work and to return home in good health at the end of the working day. Employers must treat workers with respect and dignity and that begins by providing a safe and healthy working environment," he said.