Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Coalition's "Jobsback" protects employees from unlimited damages at common law



Download PDFDownload PDF

NEWS RELEASE JOHN HOWARD, M.P.

M EM B ER FOR BENNELONG SHADOW M IN IS TER FOR INDUSTRIAL

RELATIONS, E M P L O Y M E N T & TRAINING

COALITION'S "JOBSBACK" PROTECTS EMPLOYEES FROM UNLIMITED DAMAGES AT COMMON LAW

The Coalition's "Jobsback" Industrial Relations Policy states: " In the case of workplace agreements, there will be a limit to the discretion of any common law court to award damages against an individual employee resulting from a breach of a workplace agreement. The limit will be

$5,000."

The words mean what they say. Any award of damages arising from a breach of a workplace agreement by an employee - public or private sector - is limited to $5,000.

Recent comments by the Labor Party and some members of the press are wrong when they refer to a "fine of $5,000". It is not a fine.

On the contrary, the Coalition has ensured that employees under workplace agreements are less vulnerable at common law than those who remain within the award stream.

Whereas, under the present system supported by the Government, any employee faces the potential of unlimited damages at common law as was demonstrated by the pilots dispute.

Furthermore, actions taken or defended on behalf of an employee by the Coalition's Employee Advocate would be without cost to any employee - regardless of whether the employee was successful or not.

It is the Coalition under its "Jobsback" policy - not the Labor party - that provides the best protection for employees against unlimited awards of common law damages.

Canberra 22 October 1992

COMMONWEALTH PARLIAMENTARY LIBRARY M IC A H