City of Cockburn - Call for reinstatement of ASU Delegate

On Thursday, 6^th March 2008 ASU members met to consider the unfair sacking of their ASU Delegate, by City of Cockburn CEO Stephen Cain whilst she was away on approved annual leave and still trying to resolve a dispute with the City over her "probationary review" and"rate of pay".

On Thursday, 6^th March 2008 ASU members met to consider the unfair sacking of ASU Delegate, Julie Neville, by CEO Stephen Cain whilst she was away on approved annual leave and still trying to resolve a dispute with the City over her "probationary review" and "rate of pay".

The City advised ASU of this sacking by email on Wednesday, 27^th February 2008 but unfortunately Julie did not receive any notification from her employer until a week later on Tuesday, 4^th March 2008 (in a letter from CEO dated 28/02/08).

One ASU meeting was held at the Depot and another outside the Civic Centre to provide all ASU members with an opportunity to consider, discuss and then decide upon the way forward to resolve the serious issues raised in this disgraceful incident.

Julie attended both meetings and wants to thank all ASU members and her other work colleagues for their consideration and support. Julie seeks only one thing - "that there is a fair and just resolution to the key issues in this dispute so that what has happened to me will never again be inflicted upon anyone else at the City of Cockburn".

It is important that every time an ASU member has a legitimate employment grievance, that each and every one of us should come together to consider the matter and to discuss how we can best support our workmates by working together to promptly resolve the issue with the employer in a fair and reasonable manner. Discussion about Julie's dire situation indentified key concerns:

1 - Permanent staff are being put on probation again and treated the same as a new employee whenever they take up a different position within the City.

Julie's had been a permanent full-time "Customer Service Officer" with the City of Cockburn for nearly eleven years when she took up a full-time Customer Service Officer position in the newly established Customer Contact Centre (Call Centre). Julie was wrongly informed in November 2007 that "the Customer Service Officers are subject to a 3 month probation review to evaluate performance in the duties of the position".
A memo on 21^st January 2008, stated that in relation to the Probationary Period of Julie Neville, "the above person's probationary period will expire on 13^thFebrary 2008 and it is timely to now review her performance so as to determine whether the employee can at this time be confirmed as a permanent member of staff or not".
This is ridiculous as Julie had already been a permanent staff member for 11 years. This situation raises serious concerns for all City of Cockburn employees:

Is it right for the City to be forcing permanent employees back onto probation?
Is it right for the City to be sacking permanent employees at the end of a 2^nd, 3^rd, 4^th or even 5^th probationary period? What rights do permanent employees have in the face of such unfair employment practices?
Is it right for the City to fail to inform and assist an employee if they are not seen to be meeting the required standard whilst on probation?
Is it right for the City to be sacking permanent employees whilst they are genuinely trying to resolve a grievance and are in discussion with the employer?
Is it right for the City to be using the discredited WorkChoices legislation to try and remove a permanent employee's right to unfair dismissal protection?

2 - Employees are receiving different rates of pay when performing the same duties.

Julie had eleven years prior experience as a Customer Service Officer at the City of Cockburn but she was not paid as a Level 3 Customer Services Officer, as were the other experienced staff.
ASU appreciates that new employees often have to receive higher rates of pay to attract them to work in Local Government, however, current staff should also then receive the same rate of pay if performing the same duties.
Following discussion about the facts and issues relating to the employers decision to sack Julie, and the outstanding probation and pay-related matters, ASU members at the Depot passed the following resolutions:

That the City of Cockburn immediately reinstate Ms Neville without loss of entitlement, effective as of Wednesday, 27^th February 2008; and that the City immediately resume negotiations with Ms Neville and ASU representatives to reach a satisfactory resolution to her disputed matters.

We confirm that we will support any resolutions that are passed at the ASU members meeting to be held at the Civic Centre today, which would have Ms Neville immediately reinstated with resolution of her disputed matters.

We demand that the CEO, Stephen Cain, attend a paid meeting at the Depot without undue delay, to explain his position relating to the unfair sacking of Ms Neville and the disputed probation and pay-related matters.

After learning of the resolutions passed by ASU members at the Depot, discussing Julie's sacking and the related probation and pay-related matters, ASU members at the Civic Centre passed the following resolutions:

That the City of Cockburn immediately cease the practice of putting permanent employees back onto probation whenever they take up a different position within the City.

ASU will now seek to meet immediately with Mr Cain to find a fair resolution to this matter in accordance with the resolutions from both members meetings. We will advise you of the outcome of these discussions as soon as is possible.

ASU has also filed an unfair dismissal application in the Australian Industrial Relations Commission. We don't expect to have to progress this matter as we expect the employer to agree to do the right thing!

It is important that all ASU members regularly participate and work together to resolve employment concerns and get the fair outcomes that you all deserve.

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