The Court also fined Graham Berry, production manager at Datasend Australia $6000 for three breaches of the Workplace Relations Act, and its director Phillip Gray was fined $4000 for two breaches of the Act.

Both managers conceded they had sacked a full-time warehouse supervisor after he complained about his underpaid annual leave entitlements and expressed interest in joining the Australian Manufacturing Workers’ Union.

Justice North found the company had contravened section 792(1)(a) of the Workplace Relations Act 1996 by dismissing Hawker because he was a member, or wanted to become a member of the AMWU.

Berry also admitted to firing a casual worker, who collated brochures, because she complained that her minimum hourly rate was too low. Datasend has since compensated the workers for the financial loss resulting from their dismissals and rectified the underpayments of the workers.

The fines, which must be paid by May 9, are the result of a prosecution by the Fair Work Ombudsman.

Michael Campbell, Fair Work Ombudsman executive director says the case sends a message that breaching workers’ rights is a very serious matter. He says, “We will not hesitate to pursue companies and individuals who engage in this sort of behaviour.”

Comment below to have your say on this story.

If you have a news story or tip-off, get in touch at editorial@sprinter.com.au.  

Sign up to the Sprinter newsletter