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On-hire worker sacked after 'aggravating' managers with complaints
It was unlawful for a host employer to exclude an on-hire worker from its site after he complained about workplace safety issues, the Federal Court has ruled.
The WorkPac mobile plant operator performed duties at BM Alliance Coal Operations' (BMA) Daunia coal mine between June 2019 and January 2020, at which point BMA revoked his site access.
The worker claimed BMA's decision was prompted by complaints he had made in December, related to: mine operations continuing during an electrical storm; his refusal to remove a truck's 'out of service' tag; and a supervisor performing an unsafe driving manoeuvre.
After these complaints, the Court heard, a BMA manager informed the worker that he was being investigated for not knowing the mine's traffic rules, and following incorrect standard operating procedures (SOPs)...
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