A SACKED Linfox worker employed under the company’s indigenous program is fighting to get his job back.
Werribee South man Michael Hogan, a picker and packer at the company’s Laverton warehouse, was the only union member among four employees who were laid off prior to their period of employment reaching six months.
The National Union of Workers says once workers have been employed for six months, they are entitled to claim unfair dismissal.
The union expects more workers will be sacked in coming weeks.
Union organiser Dario Mujkic said the day after Mr Hogan was fired, he was replaced by an “indirectly engaged casual”, who had no rights under the company’s agreement.
Mr Hogan, 60, said he was gutted and would have difficulty finding work at his age.
“All the time I was there I was never sick, never late, worked hard, worked until the job was finished, which was sometimes two hours later,” he said. “I was the model employee. I had an unblemished record. It’s all pretty rough.”
Mr Hogan said he was unexpectedly called in to a room by a superior who told him: “I deeply apologise, but you’re being laid off.”
Mr Mujkic said the casual worker who replaced Mr Hogan would not have to be converted to a full-time employee after working 12 months.
The union has applied to the Fair Work Commission to have Mr Hogan reinstated with conciliation scheduled for May 28.
“He does have a right to make a claim for what’s called a general protection dispute,” Mr Mujkic said.
“From our point of view, the termination is not lawful and Michael should be given his job back.”
Linfox spokesman Gary Max said he was unable to comment.
“As this issue is now listed for conciliation, we will not discuss any individual’s details in the media. Mr Hogan was part of Linfox’s indigenous employment program, a program we are very proud of.
“We reject the claim that Linfox is abusing the indigenous training subsidy.”
Union representatives will meet with Linfox management on Monday.
