Union Takes on Toyota Over Dismissals

Toyota Australia is facing legal action over the way it handled layoffs of 350 workers.

The Australian Mfg. Workers Union has filed action in the Federal Court to seek the reinstatement of 12 workers it says were included in the layoffs because of their union activity at Toyota.

Lawyer Josh Bornstein says the workers were subjected to targeted and unlawful discrimination.

“There is a stench in the way Toyota has gone about these sackings and there is a stench in the way redundancy criteria was misused to target particular employees for dismissal,” Bornstein says in a statement.

“When we have workers who have given nearly two decades of their life to the company being told by their manager on the day of the sackings ‘I told you, you shouldn't have been a union rep,’ it is clearly wrong and in breach of Fair Work Australia laws.”

AMWU Vehicles Div. Assistant National Secretary David Smith says the union wants to argue the men’s case in court.

“If we argue successfully, and we believe there is a strong chance of that, we want them (the 12 sacked workers) put back on the job at Toyota,” Smith says in the statement.

He says the treatment of unionized workers and health and safety representatives could have wider ramifications.

“Toyota has now become the vehicle to relay a strong message that people have important rights at work, that unions can represent those rights and that people should not be unfairly targeted for standing up for their rights,” Smith says.

The union says before the layoffs 3.5% of the workforce were union shop stewards or health and safety officers, but among those losing their jobs 7% were union delegates.

Smith says the union's perception of Toyota has been shattered.

“A part of the Toyota way, the Toyota philosophy; a central plank of that is respect, and they have shown no respect for their workforce, none whatsoever,” he says.

In a statement Toyota says its actions were in accordance with its labor agreement.

“Despite the allegations made by the union, 7% of those made redundant were union representatives or health and safety officers. These employee representative roles will be re-elected from the remaining workforce in accordance with the enterprise agreement and relevant legislation. The selection criteria agreed on by the union was applied fairly to all employees.”