Email Case Sets New Standard

Date: 07 April 2000

A woman sacked for distributing union material over an office email system has won a landmark ruling handed down today.

Australian Services Union delegate and Ansett worker Maria Gencarelli emerged from the Federal Court victorious after it held that the airline had breached the Workplace Relations Act in dismissing her.

Ansett management deemed the distribution of the newsletter - an update on enterprise bargaining negotiations - on the internal Internet system as an "unacceptable use of technology".

"Maria's win is a win for all unionists," ASU assistant national secretary Linda White says. "Their freedom of speech and rights to be in a union has been vindicated."

NSW Labor Council secretary Michael Costa says the win is a vindication of what the union movement has been arguing for some time: that workers should have the right to distribute union information in the workplace.

Costa says he's written this week to NSW Industrial relations Mister Jeff Shaw asking him to move on the issue as a matter of urgency.

"Until we have a universal right to reasonable access, more cases like this will emerge," he says.

The ASU in Victoria is now planning to approach Liberty Victoria about jointly
campaigning/lobbying the Bracks Government on the back of the court decision.

Congratulations can be sent to Maria at: mailto:airlines@asu.asn.au

For a details analysis of the decision see next week's Workers Online

View transcript of decision:
http://www.austlii.edu.au/au/cases/cth/federal_ct/2000/441.html

For further information

Contact:	Peter Lewis
Union:	Labor Council of NSW
WWW:	http://workers.labor.net.au/

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