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Amenities "Unacceptable" In Rail Safety Sack Case

30 October 2003

Two Chubb Security guards working on State Rail services have won an unfair dismissal case after the Industrial Relations Commission described their lack of amenities as "a continuing and unacceptable situation".

The security guards, from the Hunter region in NSW, were leading a campaign for decent toilet facilities and went on strike to press for an improvement in their amenities, declaring them a health and safety risk.

Chubb had provided the employees with what amounted to a bus shelter attached to a public toilet. It was alleged during the unfair dismissal case that the facility was littered with used syringes and beer bottles, as well the drinking fountain had been urinated on.

"Evidence before the Commission showed the facilities provided to the Chubb rail guards was truly horrible," says Newcastle LHMU Secretary, Carmel Cook, said today.

"Our people had been campaigning about these disgusting conditions for three years - and getting loads of promises but no action - finally the members had enough, and they walked.

"How can State Rail expect our people to continue working with the high morale needed in this stressful job when management and Chubb know about the conditions in the facilities they provide, they do nothing - but the guards get punished for striking.

"They were punishing the victim - rather than resolving the crux of the problem and showing a bit of respect to decent workers," says Cook.

"The Commissioner found that our members were facing a continual and unacceptable situation, the company did not have grounds for dismissing them, it was harsh, unjust and unreasonable to sack our people.

"At the time of the walkout the security guards were stood down after hundreds of union members walked off the job just before Easter, angry about the lack of amenities - and angry that after years of promises nothing had happened."

Each of the sacked security guards have been awarded 10 weeks wages - but, disgusted with the way they had been treated, none of them wanted to be reinstated into their jobs.

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