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Unfair Dismissal Win for the Worker
George Bourke was off work from September 4th and had three operations in the next week. Two days after giving his supervisor medical certificates stating he would be unwell into the next week, George was dismissed. Before being laid off, George’s supervisor had told him everything was fine and to call weekly until he was well again.
George was told his dismissal was due to lack of work but he says he was the only employee sacked at that time. There were even casuals kept working on the same Mt Ommaney jobsite, and some of them were offered permanency after he left. When George was sacked, there were around 20 Laing O’Rourke carpenters stripping formwork, which is labourer’s work; there was no shortage of that.
“There was no valid reason for dismissing me with notice, let alone a valid reason to dismiss me without notice. The dismissal has caused me shock and distress,” he said.
George who had been employed by Laing O’Rourke for a year and says he was not given an opportunity to have an advisor present at any discussions relating to his dismissal.
BLF Industrial Relations Manager, Kevin Crank successfully lodged an application for an unfair dismissal remedy under the Fair Work Act 2009.
He says this case highlights the illegality of sacking workers who are sick or injured, whether on Workcover or not.
Laing O’Rourke agreed to pay George a reasonable amount to settle the case. CIPQ is also paying George, thanks to his Union EBA. Now his bills are covered for a while, he can focus on getting better, and hopefully his stiches won’t burst again.
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