G'day all,
Today the Federal Court of Australia awarded a dismissed LAME $84,892 plus interest over a series of incidents that led to his dismissal 12 months ago. The case was the second finding the ALAEA has prosecuted under the new adverse action provisions under the Fair Work Act and only the third successful case in the country. The full decision can be read here -
Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 (8 April 2011)
In summary.
Our member Djoko Puspitano was sacked once, re-instated after we took them to court for unfair dismissal and then sacked again a few months later.
The company, IASA, have been ordered to pay him the money and now await a further hearing to determine the fines they must pay for the three breaches. Qantas are awaitng a similar penalty hearing after being found guilty of breaching similar laws in January in the Luke Murray case.
I hope you are reading this Sunstate. We are now preparing the papers for the 100 or so breaches we will be claiming you have taken part in with what we say are unlawful wage dockings. Each breach carries a fine of up to $33,000 plus damages. Managers can be held personally liable.
cheers
Steve P