John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Hansard source

I was asked about Karen Palmer, a machine operator at Greer Industries. Since being asked that question I have been provided with some information about this, and I would like to share it with the House. Whilst I do not regard this to be an exhaustive statement of the facts, what I have been informed is this: the employee may have been dismissed in connection with her being temporarily absent from work due to illness or injury. If so, that could amount to an unlawful termination of employment, and the Workplace Relations Act makes it unlawful for an employer to dismiss an employee for one or more discriminatory reasons. One of the prohibited reasons for termination is temporary absence from work because of illness or injury. I understand that a union is pursuing a claim about unlawful termination of employment in this matter. If the employee makes a claim for unlawful termination, that person will be entitled to an order from the court unless the employer can prove—in other words, the onus is reversed—that the termination was for a reason that was not unlawful. The government put in place an unlawful termination scheme where people considering whether to proceed to a court can receive up to $4,000 worth of legal assistance on the merits of their claim.

The Office of Workplace Services have advised that they are currently examining the matter. It is interesting that, on the basis of this information, a claim for unlawful termination by a union is apparently either on foot or in contemplation. I do not recall, in the substance of the question asked by the Leader of the Opposition, any reference to unlawful termination. Maybe the Leader of the Opposition knew that and he did not want to disclose it to the House.

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