TEESSIDE SCAFFOLDER
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Scaffolding worker forced back to UK awarded $16k for unfair dismissal
Tony Keim From: The Courier-Mail June 22, 2011 8:04AM
A BRISBANE businessman has been ordered to pay a former employee - who was forced to return to the United Kingdom when his special skills visa was rescinded - $16,000 in compensation for unlawful discrimination.
The Queensland Civil and Administration Tribunal has ordered scaffolding business owner Malcolm Lightfoot pay former employee James Dean Webb , a British national, after his employment was unfairly terminated over a work injury.
QCAT member Roxanne Clifford, in a just-published eight-page decision, said Mr Webb moved his family from the UK to Australia to work for Mr Lightfoot on a temporary "457 visa" - given to skilled overseas workers - in September 2008.
"The visa allowed him to work for four years anywhere in Australia ... (and) at the end (of that time) ... Mr Webb would have the opportunity to apply for permanent residency," she said.
"From the commencement of employment around August 2009, Mr Webb and Mr Lightfoot had a cordial work relationship.
"However, from that time the relationship quickly and severely deteriorated culminating in the cessation of Mr Webb's employment on 13 October 2009."
Ms Clifford said Mr Webb and his family were forced to return to the UK on February 5, 2009.
During a two-day hearing last month the tribunal was told the dispute between the pair "firstly concerned conditions of work" which resulted in Mr Lightfoot threatening to have Mr Webb deported on August 24, 2009.
"Mr Webb claims ... Mr Lightfoot hurled abuse at (himself and co-worker) and threatened their employment and that they would be sent home to England," Ms Clifford said.
The hearing was told on September 14, 2009, Mr Webb claims to have hurt his back at work and later made contact with Workcover Queensland to initiate a claim.
Mr Webb claimed after telling Mr Lightfoot about the approach to Workcover the employer "expressed concern about a rise in his insurance premiums" whether in fact the injury was work-based.
Ms Clifford said the conflict continued when Mr Webb attempted to return to work to do "light duties" and Mr Lightfoot suspended him for a week for alleged insubordination.
"When Mr Webb inquired if he would be advised of this (the suspension) in writing, Mr Lightfoot wrote "F*** OFF" on a whiteboard in the office," she said.
Mr Webb's employment was finally terminated in a letter dated October 13, 2009 in which Mr Lightfoot advised the Englishman that his "position had been made redundant."
"Mr Webb claims that his employment came to an end because of his impairment, a back injury, he claims was sustained in the workplace," Ms Clifford said.
"(He) claims Mr Lightfoot used the word redundancy in the letter to meet the requirements of the Department of Immigration and that the true reason his employment came to an end was because he was a thorn in the side of Mr Lightfoot."
Ms Clifford said Queensland's anti-discrimination laws prohibit discrimination on the basis of impairment and that Mr Webb was entitled to compensation for a "contravention of the law."
She ordered Mr Lightfoot pay Mr Webb $16,000, within 60-days, in compensation to cover pain and suffering and the costs of relocating his family back to the UK
Tony Keim From: The Courier-Mail June 22, 2011 8:04AM
A BRISBANE businessman has been ordered to pay a former employee - who was forced to return to the United Kingdom when his special skills visa was rescinded - $16,000 in compensation for unlawful discrimination.
The Queensland Civil and Administration Tribunal has ordered scaffolding business owner Malcolm Lightfoot pay former employee James Dean Webb , a British national, after his employment was unfairly terminated over a work injury.
QCAT member Roxanne Clifford, in a just-published eight-page decision, said Mr Webb moved his family from the UK to Australia to work for Mr Lightfoot on a temporary "457 visa" - given to skilled overseas workers - in September 2008.
"The visa allowed him to work for four years anywhere in Australia ... (and) at the end (of that time) ... Mr Webb would have the opportunity to apply for permanent residency," she said.
"From the commencement of employment around August 2009, Mr Webb and Mr Lightfoot had a cordial work relationship.
"However, from that time the relationship quickly and severely deteriorated culminating in the cessation of Mr Webb's employment on 13 October 2009."
Ms Clifford said Mr Webb and his family were forced to return to the UK on February 5, 2009.
During a two-day hearing last month the tribunal was told the dispute between the pair "firstly concerned conditions of work" which resulted in Mr Lightfoot threatening to have Mr Webb deported on August 24, 2009.
"Mr Webb claims ... Mr Lightfoot hurled abuse at (himself and co-worker) and threatened their employment and that they would be sent home to England," Ms Clifford said.
The hearing was told on September 14, 2009, Mr Webb claims to have hurt his back at work and later made contact with Workcover Queensland to initiate a claim.
Mr Webb claimed after telling Mr Lightfoot about the approach to Workcover the employer "expressed concern about a rise in his insurance premiums" whether in fact the injury was work-based.
Ms Clifford said the conflict continued when Mr Webb attempted to return to work to do "light duties" and Mr Lightfoot suspended him for a week for alleged insubordination.
"When Mr Webb inquired if he would be advised of this (the suspension) in writing, Mr Lightfoot wrote "F*** OFF" on a whiteboard in the office," she said.
Mr Webb's employment was finally terminated in a letter dated October 13, 2009 in which Mr Lightfoot advised the Englishman that his "position had been made redundant."
"Mr Webb claims that his employment came to an end because of his impairment, a back injury, he claims was sustained in the workplace," Ms Clifford said.
"(He) claims Mr Lightfoot used the word redundancy in the letter to meet the requirements of the Department of Immigration and that the true reason his employment came to an end was because he was a thorn in the side of Mr Lightfoot."
Ms Clifford said Queensland's anti-discrimination laws prohibit discrimination on the basis of impairment and that Mr Webb was entitled to compensation for a "contravention of the law."
She ordered Mr Lightfoot pay Mr Webb $16,000, within 60-days, in compensation to cover pain and suffering and the costs of relocating his family back to the UK
