The Australian Services Union has accused Jesuit Social Services (JSS) in Melbourne of contravening the Occupational Health and Safety Act by dismissing a youth worker who was a workplace health and safety delegate.
Crikey reports that JSS dismissed Luke McMahon, the winner of the 2008 Australian Services Union Occupational Health & Safety Delegate of the Year award.
The union ire stems from a potential breach of section 76 of the Occupational Health and Safety Act, which states that an employer is prohibited from dismissing an employee, discriminating against an employee, or treating an employee less favourably because that employee is or has been a health and safety representative.
McMahon says he was dismissed after raising a potential breach of section 35 of the Act, duty of employers to consult, due to lack of consultation about the renovation of JSS's Brosnan youth centre.
CEO of JSS, Julie Edwards denies there is a connection between McMahon's dismissal and his activity as an OH&S representative.
In a statement, JSS claims the matter has nothing to do with union issues and everything to do with a disgruntled former employee.
Assistant branch secretary of the Australian Services Union, Lisa Darmanin told Crikey the ASU believes McMahon should be reinstated at JSS.
Since McMahon's dismissal, there has been at least one alleged OH&S incident at the Brosnan centre, in which brackets installed during the renovations partially dislodged, causing shelving to collapse on a worker's head, Crikey says.
SOURCE
Jesuits, safety, unions and alleged unfair dismissal(Crikey, 10/12/08) (Subscription required)
LINKS
Jesuit Social Services
Australian Services Union
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