Workers win first victory against '90 day law'

Workers have won the first legal victory in the union-wide campaign against the Government's 90 day ‘fire at will' law after the Employment Court ruled this week that pharmacy worker Heather Smith was unjustifiably dismissed.

The Court ruled the employer, Stokes Valley Pharmacy, had not complied with contractual requirements of the Employment Relations Act relating to her trial period, which meant that laws preventing her taking a personal grievance case were nullified, and that she had several grounds for compensation.

"The Court's ruling found Heather's employers treated her appallingly and then tried to hide behind the Government's 90 day ‘fire at will' law," said EPMU national secretary Andrew Little.

"This ruling highlights how the Government's proposed employment law changes aren't about fairness or the right of every wage and salary earner to a fair go at work," he said.

"The court went to some effort to point out that the 90-day trial law removes longstanding basic employment rights and protections and for this reason the law should be applied absolutely strictly so that if employers get even one thing wrong they cannot expected to be protected from their mistakes."

"This shows that even the court is uncomfortable with the erosion of rights this law represents but in reality even this is small comfort."

The EPMU is urging every member to make a submission against the proposed law changes.

+ make submission online

+ print and post a submission