Worker sacked 'operational reasons'

Date: 12 September 2007

The ACTU today blamed the Howard Government's IR laws for making it easier to sack long-term workers, following revelations that two video library attendants were sacked after eight years service at Video City stores in Devonport and Burnie, Tasmania.

The long-serving workers were sacked earlier this year, with the employer stating that the dismissals were for 'operational reasons' -- an excuse which allows large companies to sack workers unfairly under the WorkChoices IR laws.

"Job security for workers is becoming a thing of the past under WorkChoices,"ACTU Secretary Jeff Lawrence said today.

"The new IR laws have given employers too much power and have made it much easier for workers to be sacked even if they are hard-working, loyal employees.

"A new university study by Dr Anthony Forsyth of Monash University released this week has confirmed the WorkChoices IR laws have given employers wide powers to sack staff unfairly and that employers are implementing 'brazen labour cost-cutting strategies' under the guise of 'operational reasons'.

"The study found that the 'operational reasons' exemption under WorkChoices is allowing large employers to dismiss employees and replace them with lower-paid workers.

"The report shows that if the boss doesn't like you or wants to employ someone on an AWA individual contract more cheaply, you can be shown the door, no matter how long you have served.

"It shows that the 'operational reasons' exclusion under the Coalition's IR laws is being interpreted very widely and is being used by employers to evade unfair dismissal complaints even in cases that have only a very remote link to the economic, technological or operational needs of the business concerned.

"The exposure of employees to unfair or arbitrary dismissal is being highlighted in a new television advertisement that the ACTU is currently screening nationally.

"The advertisement features Andrew Cruickshank and his family. Mr Cruickshank was sacked for 'operational reasons' from his job at a major retailer only to find his position readvertised within weeks for $25,000 less.

"If the Coalition Government is re-elected even more workers are going to face this sort of unfair treatment. The only way to stop it is to vote against the Liberals and Nationals," said Mr Lawrence.

The Tasmanian branch of the LHMU has today lodged an application in the Federal Court to contest the dismissal of the two employees.

More information

Freedom to fire: Economic dismissals under Work Choices, Report for the Victorian Office of the Workplace Rights Advocate, Anthony Forsyth, Monash University, August 2007

Contacts

David O'Byrne, LHMU Tas ph 0417 374 865

For further information

Contact:	Ian Wilson
Union:	ACTU
Contact Mobile:	0408 513 849
WWW:	http://www.actu.asn.au/

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