 Home Media Resources HSU NSW Members Win Jobs Back - March 11 2004
HSU NSW Members Win Jobs Back - March 11 2004
The Health Services Union (HSU) secured a resounding victory in the NSW Industrial Relations Commission yesterday on behalf of 7 members who were sacked in late 2002.
All of our seven members are to be reinstated to their former positions on terms no less favourable than which applied had the members not been dismissed. This reinstatement shall be effected no later than 14 days from today. The members' period of service is to be treated as not having been broken by their dismissal.
The members will receive monies equivalent to their average weekly earnings from either November 2002 or January 2003. These average weekly earnings shall be inclusive of shift penalties. These amounts shall be paid within 21 days of today.
Deputy President Sams found the evidence provided by the Area Health Service to be seriously deficient. In the decision, he wrote that "The surveillance was clumsy, incomplete, inaccurate and had the hallmarks of a Keystone Cops episode." And "I have very serious concerns that a person or persons unknown were attempting to entrap the applicants."
Deputy President Sams has referred his decision onto the Attorney General's Department for an investigation into what he sees as clear breaches of the Workplace Video Surveillance Act 1998.
HSU NSW Secretary Michael Williamson said today, "this decision constitutes a significant victory against improper electronic surveillance in the workplace...this is a very substantial decision."
"Our members have been vindicated in their claim that they were unfairly monitored and effectively 'set-up' and that their termination was therefore unfair. The reinstatement of the seven Security Officers in the terms outlined in the decision is a fantastic result for the members concerned. We are very happy with the outcome." Mr Williamson continued.
Contact Details
Health Services Union of Australia
hsu@hsu.net.au
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