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TWU News Summer 2015

The official journal of the Transport Workers' Union NSW Branch

The official journal of the Transport Workers' Union NSW Branch

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LEGALHELP<br />

YOU ARE NOT ALONE<br />

The <strong>TWU</strong> proudly offers legal representation to our members. No one thinks they’re going to lose their<br />

job or run into legal issues, but when they do, they have the <strong>TWU</strong> to back them up. One of our members<br />

wrote in to share his experience with us:<br />

People often ask me, “Why are you in a<br />

union, what do they do for you?” and I<br />

respond by saying that unions redress the<br />

employer - employee power imbalance.<br />

This simply means that I am not<br />

alone in the workplace. Most of the<br />

workplace conditions we enjoy today<br />

can be directly attributed to union<br />

activities over the years.<br />

I am approaching 60. I had been an<br />

employee since 2006 for a family-owned<br />

kitchen component supply manufacturing<br />

firm. For legal reasons that firm can’t be<br />

named but let’s call them Dodgy Bros.<br />

I was employed as a warehouse<br />

supervisor. Over the years I had sought<br />

and was given verbal permission to take<br />

dunnage (rubbish pallet wood) from the<br />

site. You just had to ask the Boss.<br />

Then one day, the dynamics in the<br />

company shifted.<br />

The national DC manager left and one<br />

of the family members took over the role.<br />

During this time a number of changes<br />

took place one of which (without my<br />

knowledge) meant that I had to fill out<br />

a little paper form to take dunnage. Not<br />

knowing this cost me my job!<br />

One lunchtime, I was called into<br />

the Boss’ office. There was no written<br />

warning and I was just immediately<br />

dismissed!<br />

I contacted Grant Rodger, our <strong>TWU</strong><br />

rep. He contacted Dodgy Bros’ HR but<br />

they stood by their decision. The Union<br />

interviewed me, filed an unfair dismissal<br />

claim with the Fair Work Commission on<br />

my behalf and put the evidence to the<br />

Commission.<br />

Dodgy Bros then suddenly contacted<br />

the <strong>TWU</strong> legal team and offered to<br />

delete the dismissal and offer a letter of<br />

resignation and a letter of service. They<br />

knew that this rash decision by the Boss<br />

wouldn’t hold water with the Commission<br />

but they stupidly still stood by his actions.<br />

In the meantime, I was applying for<br />

jobs. Being 59 in the job market has<br />

its challenges but 57 days from being<br />

dismissed I had a new job. While all this<br />

was going on, Dodgy Bros offered me a<br />

paltry $1000 resignation and a letter of<br />

service which I refused to accept.<br />

This drawn-out process continued for<br />

almost three months before Dodgy Bros<br />

company buckled and I was offered a<br />

lot more money by the company as the<br />

deadline of the hearing at the Fair Work<br />

Commission approached.<br />

I took the settlement and I feel my<br />

reputation has been restored, thanks<br />

to the hard work of Grant Rodger and<br />

the <strong>TWU</strong> legal team at the Parramatta<br />

office who stuck by me the whole time.<br />

If I wasn’t a member of the <strong>TWU</strong>, my<br />

reputation would be trashed and I know I<br />

would be in a financial mess.<br />

There’s one simple reason to be in the<br />

<strong>TWU</strong> – you’ll never stand alone.<br />

<strong>TWU</strong>NSW.ORG.AU<br />

FACEBOOK.COM/<strong>TWU</strong>NSW<br />

<strong>TWU</strong>NEWS SUMMER <strong>2015</strong> | 21

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