Challenges to Sackings - too expensive under workchoices.

Challenges to unlawful dismissals are proving far too expensive for individuals to pursue. Most recently, a woman sacked while on Maternity leave has had no choice but to accept the company’s decision.

Elaine Gray was sacked from her job as Marketing Manager at Dialect Solutions, a payments technology company, five months into her maternity leave.

She was not given any notice and was denied Termination pay.

Dialect Solutions employs fewer than 100 people and is therefore exempt from unfair dismissal proceedings under John Howard's work choices legislation. In order for Ms Gray to pursue an unlawful termination, she would need to launch costly proceedings in the Federal court which she cannot afford.

HSU National Secretary Craig Thomson says this will become more and more commonplace in the coming months.

"What the Federal Government has done with Work choices is to create a system by which working people will simply not be able to access the system due to the costs"

"It does not matter how negligent the employer is in relation to the dismissal, if the company employ's under 100 people, you can simply be sacked without recourse unless you have hefty funds to use fighting them in court"

Mr Thomson says that this displays the importance of being a union member at this time.

"If you are a Union member, you have access to the best advice should this type of situation arise, Unions are the only ones who are going to be able to fight these costly battles"

Unfortunately for Elaine Gray it was simply not applicable to take action, like many working Australians she has a mortgage and a young family, she simply cannot afford to jeopardise those things in order to obtain justice.

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Last Modified: Friday, 21-Jul-2006 11:55:01 EST