No More Intimidation of Teacher Unionists presents:
The Turn to Turn The Tide
* Cheer our achievements
* Jeer the legal obstacles
* Fill our coffers
Featuring:
* Maureen Daly, solicitor for Alison Thorne's discrimination case;
* Carlo Carli, MHR for Coburg;
* Alison Thorne, anti-discrimination campaigner;
* Plus suprise solidarity performances!!
* Garden party from 4 pm * Program at 6 pm and 8 pm * Dancing from 9 pm *
Delicious finger food served all evening
Saturday 20 November, 20 Lowther St, Alphington
(Melways map 31, B11. Just 3 minutes from Alphington station)
$20 or $10 and bring a plate.
BYO drinks plus cash or your cheque book!
For more information called Delia on 9497-1496.
Support us, but can't attend? Send cheques payable to NMIT Unionists, to PO
Box 266 West Brunswick 3055. Your solidarity will be deeply appreciated!
Decisions in Unionists case set important precedent:
Definition of industrial activity significantly broadened
On 25 August a decision in the Equal Opportunity case of Alison Thorne was
handed down. In that decision Ms Francis Millane, a member of the Equal
Opportunity Panel of the Victorian Civil and Administrative Appeals Tribunal
(VCAT) held that industrial activity "includes the activity of compliance
with the Award".
She also held that industrial activity includes past industrial activity and
anticipated future activity. This means that employees cannot be treated in
a discriminatory manner by their employer because they took industrial
action in the past or propose to do so in the future. An employer can no
longer argue that discrimination against active unionists is lawful because
they do not happen to be engaging in industrial activity at the precise
moment they are treated unfairly.
Ms Millane found this even though she was unable to find that Ms Thorne's
treatment was unlawful discrimination, and therefore dismissed her
complaint.
Alison, the local Australian Education Union (AEU) branch President and a
teacher of twenty years standing, was dismissed from her full time position
at Northern Melbourne Institute of TAFE (NMIT) on April 11 1997. She alleged
that when it retrenched her, NMIT management discriminated unlawfully
because of her industrial and political activities. She and two other active
unionists were sacked on the grounds of alleged excess, while management
employed= poorly-paid casual teachers to front classes formerly provided by
the stood-down permanent staff. Other active unionists in her department
were demoted= or only offered part time work.
NMIT Management acted to discriminate.
Significantly, the Tribunal also found that "In Brian McDonald's
case...whilst he asserted that the staff were all entitled to participate in
lawful industrial activity and to work in accordance with their award
conditions, he nevertheless acted in ways which appeared to be detrimental
to their interests". McDonald, she found, "is overtly hostile to the union
and staff who insist on their award conditions and, in the past, he has
acted to discriminate against those staff." McDonald's attitude, "indicates
the existence of an industrial environment in which the staff might
properly question the bona fides of any action impacting on active
unionists."
Responding to the decision Ms Thorne said: "Naturally I'm disappointed. We
had to prove that a selection committee comprising management appointees was
influenced by the well known anti-union attitutdes of their boss. The
limitations of the law and difficulty of finding this hard evidence meant we
could not prove that the discrimination in this instance was unlawful.
However, I am delighted that by taking this case we exposed the climate of
discrimination and the hostility towards unionists by the management at
NMIT. It's a vindication of every active union member at the Institute who
lives in fear of being terminated because of their involvement."
Thorne continued: "nothing in the Tribunal's ruling contradicts the basic
assertion that I was unfairly dismissed. However, as the Tribunal puts it:
"What might be unfair in an industrial setting and jurisdiction is not
necessarily helpful in determining discrimination under the Act."
Turning to the Equal Opportunity Act itself, Alison called for it to be
amended to reverse the burden of proof "so that those in positions of power
can not hide behind a wall of silence in the knowledge that the victim of
their unlawful discrimination is highly unlikely to obtain enough evidence
to substantiate the complaint."
Help fill the coffers.
The No More Intimidation of Teacher Unionists Campaign Committee is proud of
the achievements it has won for all working people. Alison said: "Our fight
and the way we have conducted it will make it more difficult for NMIT
management to discriminate against unionists and a little easier for any
worker who is discriminated against because of their union activism to win a
case". The No More Intimidation of Teacher Unionists Campaign Committee has
raised $16,000 to wage this fight. It still needs more funds urgently.
Support our fundraising activisties and send your contribution today!
No More Intimidation of Teacher Unionists Campaign Committee (NMIT
Unionists)
PO Box 266 West Brunswick Vic 3055
LL.VK
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