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Maurice Blackburn Forum. Fighting for you

Josh Bornstein and Dave Smith talking about unlawful dismissals at Toyota

Josh Bornstein - Principal

Key practice areas: Employment and Industrial Law
Other areas:
Qualifications: BA, LLB (Hons)
Location: Melbourne


Josh is recognised as Victoria's "pre-eminent" Employment and Workplace Relations lawyer for employees and is in the highest ranking of Industrial Dispute lawyers in Australia in Doyle's Guide to the Australian Legal Profession (2010 edition).

Toyota faces legal action over unfair dismissals

Maurice Blackburn Lawyers filed documents in the Federal Court on behalf of sacked Toyota workers on Tuesday 24 April.

 

The aim or our legal action is to reinstate a number of workers we claim were subjected to targeted and unlawful discrimination in the recent job cuts at the car company's Altona plant.

 

I lodged proceedings on behalf of 12 sacked workers who were targeted because they held roles as health and safety representatives or because they were union shop stewards.

 

There is a stench in the way Toyota has gone about these sackings and there is a stench in the way redundancy criteria was misused to target particular employees for dismissal.

 

When we have workers who have given nearly two decades of their life to the company being told by their manager on the day of the sackings 'I told you, you shouldn't have been a union rep', it is clearly wrong and in breach of Fair Work Australia laws.

 

These health and safety representatives and shop stewards are the people who stand up for others in the workplace on difficult issues - they've been responsible for identifying and protecting people from hazards like asbestos, and saving people from dangerous work requests - and they've been illegally persecuted for that.

 

In addition, Toyota has in recent days threatened legal action against the Australian Manufacturing Workers' Union to try and stop it taking Federal Court proceedings on behalf of these sacked employees, to avoid scrutiny of the redundancy process it used in this case.

 

Whether it's 'The Toyota Way' or any other way, the formula should be simple - treat people with respect and dignity - and Toyota has failed miserably at that so we are taking an immediate stand for these sacked workers who deserve better.

 

 

Media statement

 

Do you think the people should lose their jobs for standing up for the rights of others? Have your say below.

CommentsThere are 4 comments

Comment Avatar

Eugene

If those people stand up for the rights of others the way Craig Thompson stood up for the rights of his members they should not only be sacked they should be hung.Representing the worker has long been lost and workers should realise that the affiliation with politics has depleted their power to negotiate. You guys(legal profession) do little to assist the "punter"

Comment Avatar

Maurice Blackburn

Hi Eugene. Thanks for sharing your view of the legal profession.

Comment Avatar

wayne shortland

thats a part of bullying that happened to me at [company] in wa, all they want is uneducated drones that will put up with unsafe conditions so the bosses arnt held accountable , as a worker ,im accountable for everything but ,i would be removed from safety meetings and shift change meetings and ""counselled" in the [name removed] room as to how "inappropriate it was that i ask questions about safety or the sites condition before i went to the role ,ect i had to win my own full bench appeal to substanciate the fact that i was protected from unfair dismissal, although [Company] in the initial response submitted themselves to the jurisdiction of fwa,then as arbutration begins with consiliation those rights were removed from me and it went straight to hearing where i wasnt allowed to discover documents, or submit evidences further and further violating my human rights.so now i realise that only good companies with good practices dont fear fair work australia , only the liberals and subversive bosses do NOFEARATWORK,,,,,,,,,,,maintain the line people , your kids need you to.

Comment Avatar

Maurice Blackburn

Thanks for sharing your experience of working at another company, Wayne. It's disappointing to hear that such practices are happening in Australian workplaces.

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