Action by the CPSU has overturned a Federal Court decision preventing public servants using their leave entitlements to attend the ACTU national protests on November 30.
A full bench has today upheld the right of an Office of Employment Advocate (OEA) employee to seek leave to participate in the November 30 rally.
CPSU National Secretary, Stephen Jones said the decision is crucial for two reasons. "Firstly, it confirms that employers do not have the right to tell employees what they can or can't do in their own free time.
"Secondly, it sends a clear message that public service managers must not allow their own political views to dictate how they treat employees.
"The Court has also raised concerns that the OEA's actions may have been a breach of the Public Service Act," he said.
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10 comments:
It is a disgrace that employers can try and act so politically, dictating what workers can and can't do on their time off. It's lucky the CPSU pursued this in court to make sure other employers don't try it.
Congratulations and well done to CPSU member Mr McCarron for standing up to his employer. This would have been a truly nasty outcome if the CPSU had not taken this up. APS would have meant Australia's Poor Serfs.
Makes me feel good to see the CPSU standing up for our rights and making into the media!
It's wonderful to have a win against a government determined to undermine the independance of the APS and erode the working and living conditions of workers everywhere. There is hope yet! Thank-you CPSU for taking on this fight and winning.
On my next day off I'll do what I bloody well please. Such as spending the day enjoying quality time with my family, friends and comrades. At the MCG. Protesting in a free and democratic society.
like my father said, " the only thing an individual can produce on their own is human excrement - everything else is a collective effort." Maybe people who don't support the fight for workers rights need to remember this old man's philosphy. well done to the CPSU for standing up to injustice and the one-eyed "choice" offered under Howard's new regime. I'll be at the Rally because now more than ever we need to stand up and be counted.
Well done CPSU. Great win
I'm particularly interested in the idea that the individual who made the decision in the first place could be seen to be in breach of the APS Code of Conduct. Is CPSU pursuing this option? A charge of 'Failure to act with integrity and ethics' levelled (and possibly found) against an individual senior manager would make ALL senior APS officers think twice about imposing government policy in circumstances where they should be imposing only government legislation. Policy is policy because it is FAILED legislation- it has no validity at all. Attacking managers implementing policy not supported by legislation represents use of an existing administrative process in such a way it could undermine any number of policy-based decisions that are pursued by senior public servants. It's also a hell of a lot cheaper to hoist someone on their own petard than to drag them into court... can the CPSU Legal and Technical Unit follow this angle up?
Their Honours did appear to raise the question of a possible breach of Section 10 of the PS Act.
I do feel however that it is best to wait until we read the transcript before referring this issue to the APSC.
It is noted that the relevant SES officer, her mother and the Public Service Commissioner were all pictured together in our internal newsletter this week. They were all celebrating (as we all should) the 40th Anniversary of the lifting of the Marriage Bar. http://www.apsc.gov.au/media/briggs201106.htm
It's a real shame to have to take your employer to court to ensure that the all staff are treated with respect and dignity.
I do thank the CPSU for the help and support provided in protecting my rights@work.
Stronger Together.
I think Churchill said that democracy was the worst form of government, except for all of the other forms of government.
Democracy is not perfect and is easily abused by those without ethics or morals. It is still the least worst form of government despite contemporary examples in the United States of America and Australia.
Last year I attended the National Day of Action on November 15, after my annual leave was approved. I sought to defend democracy, Australian values, my federal department's stated values, the APS Values and the APS Code of Conduct against those who sought to attack these values.
As a Health and Safety Rep, I also sought to be informed of such issues. Health and Safety issues were quite prominent at this Eureka Stockade of the 21st Century.
If I was living in Nazi Germany of the 1930s or 1940s, one might expect that there might be some issue with taking leave to defend and be informed of such values and causes.
It was somewhat of a shock that my department, acting upon the advice of DEWR, later chose to change my approved annual leave to 'Industrial Action' and deducted the time spent from my pay!!!! The same fate also beset some of my colleagues from Tasmania and perhaps in other places of Australia.
I sought to find out the extent of the perceived corruption in my department but received no response. This was despite my department’s stated vision that seemed to support ethics and democracy.
Go to the DEWR website (www.dewr.gov.au) and put 'protest' into their search function. Check out the first item. You had better be quick, because their advice is quite contrary to the law it seems, so it might be 'disappeared' very quickly. Save it so that it will not be lost to Australians forever.
What should now happen? My department, if it is open and accountable, fair and reasonable and is in support of well trained and supported staff, should 'fess up', in the words of its Minister and right the wrong. All staff need to be informed of the perceived pitiful, perceived political and perceived illegal position taken by this department. Those targeted need to be apologised to, and be compensated for the harassment, challenge to the integrity of the APS, democracy, truth, morals and ethics. (I am not after any gain for myself, despite the damage that has been done to me as a result of the actions of perceived corrupt or uninformed forces. I would feel partially recompensed if the agency that sought to do the right thing, that is, the CPSU received 100% of what is due to me personally.)
I have decided to take a stand. I will never place on any ballot paper, any person who has been in a party that has been in parliament, without personally emphatically challenging this assault on democracy and ethical standards, above any other candidate who has challenged such perceived desecration of democratic principles. It might be 30 years before I am able to vote for a Liberal or National candidate above almost any candidate. So be it. Their perceived treachery merits this action.
Be informed. Take a stand. CPSU has shown to all that it is looking at the greater good. Join now and become part of history!
If you are gutless and have the morals of an amoeba, do nothing. If you care about the future in Australia and/or have children and/or grandchildren who will be our future, please look very closely at your options.
Once bitten - poisoned forever but doing everything I can to save everyone else from this fate. I cannot do it for you. You have to draw a line in the sand and become part of it yourself or sell your soul to the lowest bidder!
Long live democracy!
Suzane said ' I fully support the action at he MCG. I want to send a strong message of support and express my regret that I cannot be there. I condemn the Howard's Govt attitude to working Australian and their families.
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