Telstra dismisses union delegate
By Leo Wellin
In a test case against unlawful dismissal, union militant Mervyn Vogt is appealing to the Federal Court against Telstra's sacking of him for producing a rank and file newsletter.
Vogt, a workplace delegate for the Community and Public Sector Union at the 24-hour tele-marketing centre in Melbourne, was charged in May for producing and distributing a newsletter called Nighthawks.
The newsletter, well received within the workplace, lasted 12 months. It was critical of Telstra management and examined broader issues of the Liberal government's changes to workers' compensation, foreign investment and industrial relations laws.
Vogt was charged with "failure to obey a directive", "inciting fear and insecurity" and "being in conflict of interest with Telstra's code of conduct" — all dismissible offences under Telstra policy.
The initial in-house investigation of the charges found Vogt guilty and he was dismissed. He appealed against the decision to the internal disciplinary appeals board. At one point during the hearing a deal was agreed: Telstra agreed to drop all charges and Vogt would be relocated to another Telstra site. However, after Telstra's barristers held a lengthy teleconference with senior management, the company decided to continue proceedings, citing "the broader political implications" of dropping charges.
Vogt was eventually found guilty of "failing to obey a directive" and "being in conflict of interest with Telstra's code of conduct". The decision of the board — which includes CPSU nominee Ruth Barton (herself a manager) — was unanimous.
In the current enterprise bargaining negotiations, Telstra is aiming to eradicate all internal review mechanisms involving unions, as well as the disciplinary appeals board.