LAME Awarded $85,000 by Federal Court
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LAME Awarded $85,000 by Federal Court
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
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
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woohoo !
Nice work guys.
That is fantastic news for the claimant.
Very timely decision too considering the current problems.
Nice work guys.
That is fantastic news for the claimant.
Very timely decision too considering the current problems.
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Good work boys,
It's a pitty we can't get the two Goon's in CNS for harasing LAME's till the point that they had to leave the company.
At least 10 Lames have left due to notsew and sniggih and all with the blessing of GH.
It's a pitty we can't get the two Goon's in CNS for harasing LAME's till the point that they had to leave the company.
At least 10 Lames have left due to notsew and sniggih and all with the blessing of GH.
Nice work, ALAEA.
...compare and contrast wit the work being done (or not) by the AFAP.
"We aren't a union"... that's right and the ALAEA is "only" an "association"
but look what they can achieve, boys 
...compare and contrast wit the work being done (or not) by the AFAP.
"We aren't a union"... that's right and the ALAEA is "only" an "association"
but look what they can achieve, boys
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Well done Steve and Boys.
however this is a bit worrying:
"The correspondence exhibited to his affidavit of which he was the author also suggests that his written skills are not those of a person whose first language is English. He was assisted by an interpreter of Indonesian on occasions when giving evidence."
not really happy if i was flying on this aircraft.
however this is a bit worrying:
"The correspondence exhibited to his affidavit of which he was the author also suggests that his written skills are not those of a person whose first language is English. He was assisted by an interpreter of Indonesian on occasions when giving evidence."
not really happy if i was flying on this aircraft.
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From the SMH.
AAP
An Indonesian aircraft engineer employed on a visa has been awarded $85,000 in compensation after the Federal Court ruled his employer had breached work laws.
The case is believed to be the first of its kind where the court has found an employer guilty of breaching the Fair Work Act and awarding $85,000 compensation for lost wages including compensation for hurt and humiliation.
In April 2009 Djoko Puspitono was working in Perth for International Aviation Service Assistance, which carries out aircraft maintenance for Garuda.
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After complaining about not receiving overtime, the employer reviewed Mr Puspitono's performance and sacked him.
He was reinstated after making an unfair dismissal claim but five months after, his employer told Garuda his personality was unsatisfactory, which meant he lost his authorisation to work on Garuda aircraft, and was sacked again.
Mr Puspitono's lawyer Giri Sivaraman said the Federal Court's decision sent a message that workers had a right to raise concerns about their pay and entitlements without fear.
"Mr Puspitono was treated in a disgraceful way by his employer," he said.
"He lost his right to stay in Australia and has had to return to Indonesia.
"His health has suffered (and) his family suffered because they relied on his wages for his children's education and housing costs in Indonesia."
Mr Sivaraman said the court decision had set several precedents including the fact that the court could order employers to pay lost wages, compensation and damages for humiliation.
"It also highlights that making a negative assessment of an employee that adversely affects the continuation of his employment is adverse action," he said.
The issue of costs, penalties and interest will be heard on April 12
An Indonesian aircraft engineer employed on a visa has been awarded $85,000 in compensation after the Federal Court ruled his employer had breached work laws.
The case is believed to be the first of its kind where the court has found an employer guilty of breaching the Fair Work Act and awarding $85,000 compensation for lost wages including compensation for hurt and humiliation.
In April 2009 Djoko Puspitono was working in Perth for International Aviation Service Assistance, which carries out aircraft maintenance for Garuda.
Advertisement: Story continues below
After complaining about not receiving overtime, the employer reviewed Mr Puspitono's performance and sacked him.
He was reinstated after making an unfair dismissal claim but five months after, his employer told Garuda his personality was unsatisfactory, which meant he lost his authorisation to work on Garuda aircraft, and was sacked again.
Mr Puspitono's lawyer Giri Sivaraman said the Federal Court's decision sent a message that workers had a right to raise concerns about their pay and entitlements without fear.
"Mr Puspitono was treated in a disgraceful way by his employer," he said.
"He lost his right to stay in Australia and has had to return to Indonesia.
"His health has suffered (and) his family suffered because they relied on his wages for his children's education and housing costs in Indonesia."
Mr Sivaraman said the court decision had set several precedents including the fact that the court could order employers to pay lost wages, compensation and damages for humiliation.
"It also highlights that making a negative assessment of an employee that adversely affects the continuation of his employment is adverse action," he said.
The issue of costs, penalties and interest will be heard on April 12
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IASA, a joke!!
The GM's favourite TV show is Donald Trump in that series where he says "your fired". Amazed they still have contracts in place.
How not to run a company but spin a buck.
The GM's favourite TV show is Donald Trump in that series where he says "your fired". Amazed they still have contracts in place.
How not to run a company but spin a buck.
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Recently offered a job with this company to work in Timor.
Offer was $95k inclusive of Super. Told them to sharpen the pencil.
After reading this post, doesnt supprise me the kind of half rate mob they are.
Offer was $95k inclusive of Super. Told them to sharpen the pencil.
After reading this post, doesnt supprise me the kind of half rate mob they are.
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This is the new era of business in Australia. Companies turning their backs on our kids future and exploiting the 457 visa system.
A good win for the ALAEA, but not worth the headache for the poor bloke and his family.
Think it wouldn't happen at QF? Who knows. We already have 457 guys working on our fleet in Australia.
A good win for the ALAEA, but not worth the headache for the poor bloke and his family.
Think it wouldn't happen at QF? Who knows. We already have 457 guys working on our fleet in Australia.
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As part of the visa application would a company first be required to explore and advertise all local sources to fill the job. Could an Australian CASA licenced LAME get the approvals from the operating airline.
Mail is an ex QF guy in CNS was recently diddled and replaced with a much less qualified foreigner by same company for CX ops.
Mail is an ex QF guy in CNS was recently diddled and replaced with a much less qualified foreigner by same company for CX ops.
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As part of the visa application would a company first be required to explore and advertise all local sources to fill the job.