Canberra Casino, Bryan Kidman: Worker awarded compensation over anti-union discrimination
Canberra Casino will have to cut a cheque for compensation after it made moves to sack a union rep when he spoke to the media.
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The Canberra Casino has been forced to pay out compensation to a union rep it made moves to sack after he spoke up about workers’ concerns in the media.
Bryan Kidman, a long time casino employee and union delegate, told The Canberra Times last year that workers were concerned about the casino’s refusal to guarantee their conditions under a proposed sale to hotel conglomerate Blue Whale Entertainment.
The sale ultimately fell through earlier this year, but Mr Kidman told the newspaper that workers felt uncertain about the failure to guarantee workers’ conditions during negotiations.
Two days after the newspaper published his concerns, management wrote to Mr Kidman alleging he may have breached company policy against “spreading rumours”.
The management letter said Mr Kidman could be sacked if he was found to have breached the rules.
The ACT Civil and Administrative Tribunal earlier this year heard Mr Kidman was left sleepless and distressed when management threatened his job of more than a decade.
Tribunal member Jann Lennard on Monday found the casino’s dealing with Mr Kidman amounted to anti-union discrimination, and accepted Mr Kidman had a right to advance the views of United Voice union members.
Ms Lennard accepted the casino had improperly threatened “repercussions for activity” and found Mr Kidman was authorised to speak to the media about union members’ concerns.
“ … workers at the casino were concerned about what might happen to their jobs and terms of employment once the sale of the casino had been completed,” she said.
“Exerting public pressure on an employer is a commonplace and legitimate industrial activity. “Obtaining publicity by participating in interviews with a local newspaper is lawful activity often used by industrial unions to advance the views and interests of their members.”
The casino’s in-house lawyer, Shane Maundrell admitted at a hearing that “Casino Canberra had taken steps to investigate staff, who made public comments bearing on the casino business …”.
Ms Lennard said Mr Maundrell was “defensive and argumentative” as a witness, and said: “The explanation given by Mr Maundrell that upon reading The Canberra Times article he immediately formed the view that the applicant had breached the prohibition on spreading rumours is disingenuous, and not accepted by the Tribunal.”
The casino was ordered to pay Mr Kidman $4000 in compensation, and cover $4620 in legal fees.