News Releases

COMPANY SHOULD BE FINED, BANNED FROM FUTURE APPRENTICES

25 April 2006

SA Unions wants a company that unlawfully sacked two apprentices to face the maximum fines under state laws and to be banned from employing apprentices in the future.

SA Unions Secretary, Janet Giles also wants the apprentices to be able to complete their qualifications through another employer, and to be fully paid out their wages and other entitlements.

Third year apprentice electricians Robert Elkson and Greg Garrard were sacked without notice by Kadina electrical and plumbing firm Mildwaters Trade Centre on Monday March 27, the day the federal government's harsh new work laws took effect.

"This company has acted illegally.  Mildwaters must know it is illegal to sack apprentices, as it was pinged for illegally sacking an apprentice some years ago, but obviously thought it could get away with it under the new federal laws", Ms Giles says.

"Thankfully, we have state laws which, unlike the draconian new federal legislation, offer protection to apprentices and trainees."

"We will urge the Grievance Dispute Mediation Committee to apply the full force of the state laws to this company, to send a strong message to employers that they cannot illegally sack apprentices and get away with it."

"Companies must realise that although the federal laws give enormous scope to exploit many workers, it remains illegal to sack apprentices and trainees."

"Furthermore, it is not good enough to claim ignorance or try to blame an illegal action on external advice.  Any employer who sacks an apprentice is responsible for that action, regardless of the basis on which it made that decision."

"In the case of these two apprentices, the company is trying to suggest it received advice from Business SA stating it could sack its workers.  However, SA Unions has received a copy of the advice provided by Business SA which shows that was not the case.  The fact remains that it is the company's responsibility to act legally."

"This company should be punished, the apprentices should be paid out their entitlements, and they should be transferred to a responsible employer in order to complete their qualifications.  Mildwaters is a repeat offender and must be banned from employing apprentices ever again," Ms Giles says.