It has been a long time coming for those eleven South Grafton abattoir workers sacked in November 2008, but yesterday in Fair Work Ombudsman v Ramsey Food Processing Pty Ltd and Stuart Ramsey (19 October 2011) the Federal Court of Australia found in the workers favour and ordered compensation for termination without notice, severance pay or annual leave entitlements.
Full transcript of the judgment here.
Update:
The Daily Examiner today offers this summation:
In effect, the court found Mr Ramsey and his company Ramsey Food Processing established shelf labour-hire companies and used them as a mechanism to hire and fire who he wanted, while avoiding paying entitlements.
It found that when the company wanted to get rid of employees without paying entitlements, it moved the employees it wanted to retain into another labour hire company then starved the original company of funds. That company would then become insolvent, leaving neither money to pay the employees nor money to which they were rightly entitled.
That is what the workers claimed when they were sacked and their claims have now been vindicated.
It has not been a great week for Mr Ramsey. Last Thursday he was found guilty of contempt in the NSW Land and Environment Court.
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