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The Pamphlet Collection of Sir Robert Stout: Volume 81

Vexatious Victimisation

Vexatious Victimisation.

Again the provision in the Act with regard to what is called victimising, although so far ifc has not permitted any miscarriage of justice, seems to me to require some amendment. This the Prime Minister has already foreshadowed. The provision, section 100 of the Act of 1905 runs:—"Every employer who dismisses from his employment any worker by reason merely of the fact that the worker is a member of an industrial union, or who is conclusively proved to have dismissed such worker merely because he is entitled to the benefit of an award, order or agreement, shall be deemed to have committed a breach ot the award, order or agreement, and shall be liable accordingly" It will be observed that the word "merely" strictly limits the application of the section to cases where the whole and sole reason for dismissal was that stated. Hence in cases where the employer's dominant motive for dismissal was the worker's proper use of the Act or an Award, the employer would incur no penalty if showed that in addition to his dominan motive he had some minor reasons. This should not be permitted. The Court page 7 should lie empowered to decide what the dominant motive was, and fine accordingly.