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Press Release

Dairy Farmers unfair dismissal case adjourned

Tuesday October 11, 2005

The National Union of Workers unfair dismissal Arbitration hearing against Dairy Farmers in Allansford has been adjourned for two weeks.

The Australian Industrial Relations Commission hearing, which began in the Warrnambool Magistrates Court yesterday morning, has been adjourned until October 20, when closing arguments will be heard at the AIRC in Melbourne.

Yesterday’s hearing was originally expected to take two days, however, the two parties were able to present their witness evidence a little quicker than anticipated, allowing the proceedings to finish early.

The NUW filed the unfair dismissal application on behalf of a member from Dairy Farmers who was dismissed in August following a mishap with one of the touch screen devices at the plant.

The member has worked for Dairy Farmers Allansford for 17 years and has an exemplary record.

His fellow NUW members felt so strongly about his dismissal that they took half-day industrial action in support of their workmate.

Since that action, the NUW has tried unsuccessfully to conciliate a reasonable outcome for their member.

NUW State Secretary Martin Pakula said while there was still plenty of work to do, his union remained confident that they could achieve a good outcome for their member.

“Yesterday we were able to present very strong witness statements in support of our member,” Pakula said.

“Our member has never denied his involvement in the accidental damage to the piece of equipment however, the key is that is was an accident.

“It was not a deliberate act and we, and our members are Dairy Farmers, feel extremely strongly that his dismissal was an unfairly harsh punishment under the circumstances.

“Our member has an exemplary record and is extremely remorseful about the incident, and yet this does not seem to have been taken into account by the company.

“We have maintained all along that the punishment was too severe and will continue to fight for our member’s reinstatement at Dairy Farmers Allansford.

“If this is not possible we will be working hard to ensure an appropriate settlement is reached.

“We look forward to the opportunity to present our closing arguments on October 20, and receiving a final judgement reasonably quickly after that.

“Our member and his family have been put through a lot of stress and anguish during this process and we are committed to achieving a reasonable outcome as soon as possible.”

For further information please contact:

Di Lloyd
(03) 9287 1777

Last modified 2008-12-09 03:21 PM

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