Issue Date:  -  Monday, 10 November 1997

$20,000 Fine Over Employee Discrimination

In WorkSafe WA's first successful prosecution for discrimination against an employee, Gandy Timber Pty Ltd was yesterday fined $20,000 in the Manjimup Court of Petty Sessions.
WorkSafe WA gave evidence that an employee of Gandy Timber had been dismissed by his employer after talking to a WorkSafe WA inspector in the forest near Quinninup on 14 March, 1996.

That day the inspector issued Gandy Timber with an improvement notice for safety repairs to the logging truck the employee had been operating.

According to evidence, the employee was told that evening not to return to work the next day, and was formally dismissed four days later.

The maximum fine for discrimination under Section 56 of the Occupational Safety and Health Act 1984 is $25,000.

Section 56 says in part that an employer who in any way treats an employee less favourably for giving assistance or information to an inspector commits an offence.

WorkSafe Western Australia Commissioner Neil Bartholomaeus said today the Act was strengthened by the Government in 1995 to tighten the law against such discrimination.

"WorkSafe WA strongly supports the lawful right of employees to discuss their safety concerns with WorkSafe WA inspectors, and will continue to take action when there is evidence of them being discriminated against for doing so." Mr Bartholomaeus said.