'Devious' Steel Giant Ordered To Pay Compensation To Two Sacked Workers

The AWU Victorian Branch has scored a massive victory over steel giant Bluescope Steel, with the company ordered to pay substantial compensation to two brothers for their illegal termination.

The Australian Industrial Relations Commission has awarded the maximum amount of compensation allowable to Sean Claypole, while a hearing is pending on the amount that will be paid to Jason Claypole.

AWU State Secretary Cesar Melhem said the cases highlighted the extent that some employers will go to in order to sack and humiliate dedicated hard- working union members.

Mr Melhem said the AWU had stood shoulder to shoulder with the brothers throughout their fight, incurring the costs for their representation by the union's solicitors.

He said the AWU had made a conscious decision to stand up strongly to Bluescope Steel, which had started a crusade against workers receiving WorkCover payments, sacking five in quick succession. Two of these workers settled their cases, one was reinstated and the Claypole brothers have now won compensation.

"Bluescope Steel stuck private investigators onto the Claypole brothers to secretly film them on a family holiday in a devious attempt to discredit their workplace injuries," Mr Melhem said.

"We believe the brothers were targeted because they had dared to raise concerns about the management style of their supervisor."

Jason and Sean Claypole had worked for Bluescope Steel for 10 and 7 years respectively prior to their termination. The AIRC acknowledged that the job they performed was: "physically demanding and, anecdotally, work-related injuries were not uncommon for those engaged in the work".

Jason suffered lower back, shoulder, neck and leg injuries during his employment, while Sean suffered shoulder injuries. In early 2007, both brothers had appropriate medical certificates and Return to Work plans which stipulated restrictions on how much they could lift.

After Bluescope Steel had the brothers secretly filmed while on a family holiday over the 2007 Australia Day weekend, the company employed doctors to watch the video surveillance, with a view to concluding - without physically examining the brothers - whether they had misrepresented their injuries.

Bluescope Steel sacked the Claypoles for misconduct in mid-2007. However, the AIRC - which heard the cases separately -has now found in favour of both brothers.

In the case of Jason Claypole, the AIRC found the evidence "established his (shoulder) injury and that it was likely to cause him pain, discomfort, restriction and incapacity".

It further found: (Jason)...had no motive to lie - he was not receiving weekly payments of compensation to stay at home...There was no financial gain to be obtained by lying about his symptoms. His only benefit resulting from the injury was continued access to physiotherapy. It is inherently unlikely... that he would lie about his condition in order to submit himself to a regime of exercise and physiotherapy sessions."

In the case of Sean Claypole, the AIRC found Sean had: "suffered a grave injustice by reason of the circumstances that he was not guilty of the misconduct for which his employment was terminated. The decision to terminate his employment was unreasonable also because BlueScope did not properly investigate Mr Claypole's physical restrictions following upon its suspicions as to the improvement in his capacity."

As to Bluescope Steel's course of action, the AIRC held that: "it set a more devious course of surveillance in what appears to have been an endeavour to avoid any workcover liability to which it may have been exposed."