By Chris Slee
MELBOURNE — In a decision handed down on January 27, the Australian Industrial Relations Commission found that Mervyn Vogt was unfairly dismissed from his job with Telstra, and ordered his re-instatement with back pay. Vogt, a Community and Public Sector Union delegate, was dismissed in 1997 for producing and distributing a newsletter at the National Telemarketing Centre at Burwood.
Telstra management claimed that Vogt had been ordered to stop distributing the newsletter and had disobeyed. Vogt denied being given such an order and argued that even if such an instruction had been given it would have been without legal basis.
AIRC senior deputy president Williams said he was "unable to conclude that the applicant was given a direction that he was not to continue to distribute the newsletter at the workplace". This alone was sufficient to make the dismissal "harsh, unjust and unreasonable". It was therefore "not necessary for me to consider the other submissions made in support of the application".
Vogt told Â鶹´«Ã½ Weekly the decision was very important for workers' right to organise. While the ruling is a victory for free speech, Vogt said he was disappointed that not all of the arguments he wished to put were able to be dealt with by the AIRC.
Vogt had intended to argue that he had a right to distribute the newsletter because of the implied right of political comment in the Australian constitution.
The AIRC ruling does contain a passage that implies support for the right of free speech. Noting that the newsletter was "of some concern to management", Williams said: "By that statement, I do not intend to convey either that the applicant was not entitled to publish his newsletter or that the newsletter contained views and/or criticisms that he was not entitled to express in such a form."
Vogt told Â鶹´«Ã½ Weekly that he would like to see the right to free speech clearly spelt out in a bill of rights. He regards this as much more important than the question of whether we have a governor-general or a president.
Telstra has been delaying acting on the AIRC order for Vogt's immediate reinstatement. Telstra's lawyers said they are waiting for instructions on whether to appeal.