Perth woman compensated for wrongful dismissal

11/5/94

A Perth woman who was sacked from her job as an office worker after refusing to enter a workplace agreement has been awarded more than $1,100 in compensation by the Industrial Magistrate's Court.

Gaye Boland of Craigie will receive a cheque for $1,164.00 from Beste Photographics of Innaloo, to cover after-tax wages she would have received had she not been dismissed.

Beste Photographics was convicted and fined $1,000 by the Court in February for unlawfully dismissing Ms Boland under the terms of the Workplace Agreements Act.

The woman was also entitled to be reinstated to her old job, but instructed State Government prosecutors that she had gained alternative employment and did not wish to press her full rights.

The Act also allows compensation for any economic losses and psychological trauma caused by such a dismissal, to a maximum of six months' wages.  However, the Crown prosecutor said it had not been possible to demonstrate such trauma.

Labour Relations Minister Graham Kierath said the case had shown that Western Australia's new industrial relations laws were more than adequate to deal with employers who sought to mistreat their workers.

"The capacity of the Court to fine the employer, compensate the employee, order reinstatement and award damages is an adequate deterrent to any employer who tries to sack employees for choosing not to enter a workplace agreement," Mr Kierath said.

"The fact that the employee was not reinstated was a matter of her choice.  Other employers who try the same approach cannot expect the same outcome."

Beste Photographics was also ordered to pay costs of nearly $200.

Media contact:  Brian Coulter 222 9595 or 481 2133