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APPRENTICE WIN SENDS WARNING TO ROGUE EMPLOYERS
14 May 2006
The state Grievance Dispute Mediation Committee (GDMC) has found that electrical apprentices Robert Elkson and Greg Garrard were illegally sacked and must be reimbursed for their ordeal.
The tough ruling by the GDMC sets a strong precedent for the protection of apprentices and trainees, according to SA Unions Secretary, Janet Giles.
"Rogue employers ought to shaking in their boots at this finding," Ms Giles says.
"This is an important decision in the fight to stop illegal sackings and the notorious practice of apprentice churning, where almost qualified apprentices are replaced with junior, cheaper ones."
"Any suggestion in employers' minds that they could use the new federal work laws to sack apprentices has now been comprehensively quashed. Bosses may have free reign to sack other staff, but are expressly forbidden from sacking apprentices and trainees."
"The draconian new federal laws plunged this area into uncertainty. This case has been an important clarification following the changes which we feared could drastically undermine the rights of young workers and destroy the training system."
The GDMC found that the terminations were "legally ineffective" and that the contract of training remained. It means the company must pay the two apprentices their wages for the period since their sacking on 27 March.
Eight days after the sackings, when the apprentices went public, their employer applied to instead suspend the training contracts for 6 months. The GDMC found that such a suspension would impede the apprentices' chance of completing their apprenticeships through a new employer and declined the application.
Importantly, the GDMC found that the employer, Mildwaters Electrical, should be responsible for all wages and entitlements until the apprentices have their training contracts transferred to another employer or are otherwise employed.
"The GDMC's decision goes beyond what the Young Workers Legal Service requested on the apprentices behalf - with the employer ordered to give the apprentices back pay, and to keep paying them until they obtain new positions," Ms Giles says.
"Robert has found a position with an employer in Renmark, and Greg is hopeful of being able to complete his qualifications too", Ms Giles says.
"We understand the Department is working to try to find Greg a new position, but if there are any employers out there who can help, it would be greatly appreciated."
"Meanwhile, this should not be the end of the matter for Mildwaters Electrical. It is a repeat offender - it has illegally sacked an apprentice before."
SA Unions will approach the Training Minister Paul Caica asking him to assess whether the company should be fined for breaching the Training Act.
Meanwhile, SA Unions will seek urgent discussions with the government to improve processes governing training matters.
"We'd like these processes dealt with faster. It may also be a timely opportunity for the government to tighten the standards and review the penalties which can be applied for breaches," Ms Giles says.
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