Visy workers win unfair dismissal claim

Anthony Pratt’s company has been ordered to reinstate two sacked employees and back pay them.

Visy has been ordered to reinstate two sacked union delegates. Picture: Kym Smith

Billionaire Anthony Pratt’s company Visy has been ordered to reinstate two sacked union delegates and back pay them six months of wages after Fair Work upheld their unfair dismissal claim.

The Australian Manufacturing Workers Union delegates were dismissed in 2017 after Visy accused them of organising overtime bans in protest at a new zero tolerance drug and alcohol policy at the company’s Dandenong plant in Melbourne.

Employees were unhappy about the new drug and alcohol policy and a significant number who had previously agreed to do overtime subsequently declined to do it.

But Fair Work Commissioner Michelle Bissett accepted evidence from employees that the decision not to work overtime was their own.

“That each saw the working of overtime on a very regular basis as a positive in working with Visy does not support an inference that the (delegates) organised the employees not to perform overtime,’’ she said.

“To accept this proposition would require me to accept that each of the employees was not honest in their evidence before the commission and there is no basis for me to make such a finding.

“The witnesses were credible working people who, beyond the policy, had no gripe with their employer at the time and appear to have none now. For these reasons I am not satisfied that, on the balance of probabilities I can draw the conclusions by inference sought by Visy.”

Opposing reinstatement of the delegates, Visy told the commission that there had been a “toxic breakdown” of relationships and giving them their jobs back would “aggravate workplace relations” and impede the company’s effective operation of the site.

Ms Bissett said the delegates had each worked for Visy for more than 20 years. One had not worked since his sacking and his family had relied on his wife’s and son’s income.

The second delegate had suffered anxiety and depression and not sought work as he feared being rejected due to the reason for his dismissal by Visy. He has taken full time responsibility for caring for his mother.

Ms Bissett ordered their reinstatement, that their continuity of service be maintained, and the duo receive back pay equivalent to six months’ pay.