Event and Time
Event Description
- The case revolves around an application for interim injunction and reinstatement following the termination of two employees, Mark Fellowes and Adam White, who were dismissed on 19 November 2021 by SA Water Corporation.
- The employees were engaged in industrial activities related to enterprise bargaining, and the dismissal was claimed to have been due to their participation in these activities.
Application and Claims
- The United Workers Union (UWU), acting on behalf of Fellowes and White, alleges that the dismissals constituted adverse action against the employees for exercising their workplace rights as provided under the Fair Work Act 2009 (Cth).
- The Union claimed that the employer's asserted reasons for dismissals—misconduct related to meter readings and threatening behavior during an investigation—were a facade to cover for retaliatory action against their industrial participation.
- An interim injunction was sought to reinstate both employees pending the outcome of the substantive application, asserting that they had a prima facie case and that the balance of convenience favored their reinstatement.
Judicial Decisions
- The application for interlocutory relief made on 30 November 2021 was dismissed.
- No order as to costs was made, and further directions for the proceedings were set for 1 April 2022 at 9:30 am.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Dismissals of White and Fellowes were linked to their involvement in union activities and enterprise bargaining, constituting a breach of their workplace rights under section 340 of the Fair Work Act. - The union asserts that the true motive behind their termination was retaliation for participating in authorized industrial action.
- Respondent's Defence:
- SA Water contends that the dismissals were justified based on allegations of misconduct during a mandated task, which includes: - Tampering with a fire valve, - Falsifying work records of meter readings, - Sending text messages with intent to manipulate initial targets. - The employer argued these actions breached ethical obligations and eroded trust in the employer-employee relationship, leading to the termination.