TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

AWU-FIME Amalgamated Union
Tasmanian Branch
(T.5232 of 1994)

and

Kemp and Denning Limited

Industrial Dispute - unfair dismissal

REASONS FOR DECISION

In this matter the AWU-FIME Amalgamated Union, Tasmania Branch (the Union) notified the Commission of a dispute with Kemp and Denning Limited (the employer). The dispute concerned the dismissal of three employees for time clock irregularities including leaving the site early on two separate occasions on 14 October 1994. On the second occasion the employees concerned did not return to work.

Following conference proceedings this dispute was resolved and the employees concerned were returned to their employment. It is critical that these employees recognise that their ongoing employment was secured because they agreed to adhere steadfastly to clocking on and off procedures which have been clearly stipulated by the employer. Failure to do so will not be condoned and in that regard no further warnings will be given by the employer. This was supported by the Union and the Commission.

As well as the foregoing the parties in this matter agreed that this dispute and its terms of settlement should be recognised as a warning for all employees in respect of time clock irregularities. It appears that timekeeping has been a continuous problem for a long time and the issue has been widely addressed by the employer with all employees on several occasions. Additionally, separate warnings have also been given to some employees.

From what the Commission has been told by the employer and the Union it is evident that there has been a general lack of understanding by some employees of the need to adhere to the terms of their employment contract as provided for by the Clay and Mud Products Award. Hopefully this episode will serve to reinforce the fact that there is an obligation on employees (as there is on the employer) to do the right thing and to observe one of the most elementary aspects of their award obligations. That is being on site during working hours. It cannot be condoned that employees should literally walk off the job as the mood suits them. The Commission makes it clear that it supports a dramatic change in attitude as advocated by the employer and the Union.

R K Gozzi
COMMISSIONER

Appearances:
Mr M Watson with Mr P Armitage for Kemp and Denning Limited
Mr G Cooper with Mr I Wakefield and Mr G Armstrong for AWU-FIME Amalgamated Union, Tasmanian Branch

Date and Place of Hearing:
1994
Hobart
October 19