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No one is above the law

No one is above the law (Last Updated On: November 21, 2016)

The Construction, Forestry, Mining and Energy Union has been fined $24,000 in Federal Court after their union delegate, Bradley Upton, was found to have used “obscene remarks and disgraceful behaviour” towards site representatives on a Western Australian building site.

The details of the individuals who were the target of this outlandish behaviour have not been revealed.

Mr Upton challenged the site representatives when he became agitated about the conditions of some of the meeting rooms on site. Mr Upton cursed and spoke profanity to the representatives, which constituted racism towards the American workers. He urged and encouraged the individuals to physically hit him in a taunting and threatening manner.

The altercations,  which occurred on two separate occasions back in 2012, were settled this week, where the victims were praised by the Federal Court for not responding to Mr Upton’s poor behaviour. The Federal Court also noted that the situation they faced was appalling.

The Fair Work Building and Construction director Nigel Hadgkiss said “We continue to see the CFMEU and its officials take the law into their own hands. No one is above the law.”

Many employers, especially in the construction industry, are often confronted by union officials. If you find your workplace being explored by unions, Employsure can provide you with immediate assistance on correct procedural fairness. Often, small companies do not have access to resources, nor do they seek legal advice should an immediate issue arise. Employsure clients have access to a 24/7 advice hotline where they will receive immediate and accurate information from experts in employment relations. Call us today on 1300 651 415.

Source: The Australian

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