The TWU has fought for justice for a NSW member sacked by a Victorian HR manager at Linfox Armaguard.
The TWU through the Fair Work Commission saw our member reinstated to his job, with full back pay.
Linfox Armaguard HR sacked the TWU Senior Delegate in their Camellia yard because they alleged he breached Linfox Armaguard policy. The HR manager – who had never done the job our member had been doing for 27 years – sacked our member without ANY consultation with our member’s direct managers in Sydney.
Linfox Armaguard were so desperate for a win they paid for a Barrister to represent them for 4 days of court hearings and got 3 witnesses to fly up from Melbourne and join three witnesses from Sydney to give evidence in the case.
Ultimately, the Fair Work Commission found that there was an ‘almost total absence of clear policies and procedures which the applicant (our member) can be said to have breached’.
The Commission found that Linfox Armaguard had no applicable or relevant published policy, nor even general direction in relation to their reasons for sacking our member.
Linfox Armaguard managers should hang their heads in shame, because the Fair Work Commission found … “simply no evidence that any of the conduct of the applicant (our member) caused any such risk … there was never an imminent risk to the health and safety of the road crew on the day in question’.
The Fair Work Commission, publicly states that Linfox Armaguard were “Very Disappointing”.
The TWU wholeheartedly agrees with the independent umpire’s view on yet another ArmaDrama.
Stay tuned, for more ArmaDrama in the coming weeks.