The latest FoxFail saw Linfox make a target of our delegate and at the Fair Work Commission they agree.
Commissioner McKenna says in her decision, that our delegate was singled out for standing up for the rights, pay and conditions for 30 drivers.
He was not provided the same leniency given by Linfox to other workers who ceased unsafe work and according to the Commissioner, on the balance of probabilities he was fired for being a TWU Delegate. What a FoxFail!
The TWU supported our Delegate in making an unfair dismissal application and the Commissioner awarded our Delegate back pay and full re-instatement.
Eric has worked at Linfox for nearly two decades, he’s been a TWU member for 18 years, and a strong yard delegate for 15 of those years.
Excerpt Commissioner Mckenna’s Decision;
Eric Pickering v Linfox Australia Pty Ltd T/A Linfox
Fair Work Commission 11 December 2020
“It seems to me that the matter of most significance in relation to other matters of relevance was the markedly differential treatment of the applicant in terms of his dismissal. The applicant’s evidence and submissions indicated, in sharp relief, that no disciplinary action was taken concerning certain employees (such as the Erskine Park employees); the Chullora employees who were rostered to work received written warnings; and the Chullora employees who were not rostered to work received no warnings. The applicant, alone among all his colleagues, was dismissed – and this was in circumstances where on 2 December 2019 he had pre-approved leave and was not rostered to perform any duties. I have considered the matters advanced in the respondent’s case concerning the more lenient approach to employees other than the applicant, but I am not persuaded by those matters in relation to the differential approach. I infer the applicant was not afforded the leniency of the type afforded to the other employees for reasons which, on the balance of probabilities and as the submissions for the applicant contended, were more likely attributable to the applicant’s role as a union delegate and/or HSR.”