Day 181 - 01 Nov 95 - Page 19
1 helps if that person can get himself represented by a trade
2 union in such a situation; is that correct?
3 A. Only -- I do not know whether there is any case gone
4 before an industrial tribunal in the last 10 years of
5 someone who is not a trade union member actually
6 effectively exercising the right. In other words, what I
7 am saying is this right attaches to actual membership, not
8 desired membership, but actual membership.
9
10 Q. Are you saying that the person does not have those rights
11 at law unless he is a member of a trade union?
12 A. No, I am not. I am not saying that. What I am talking
13 about is the actual exercising the rights, the practical
14 experience, not the theory, what actually goes on in the
15 workplace, which is why I am here. I know how these
16 systems work, and I know that if the person were not a
17 trade union member, then their ability to exercise this
18 right would be absolutely minimal.
19
20 Even with membership, my Lord, it is still very difficult
21 to exercise this right. You have to get to the court
22 within five working days; you have to have substantial
23 prima facie evidence of the dismissal linked to trade union
24 membership and/or activity; you have to have an affidavit
25 ready; you have to speak English in order to get access to
26 some of these rights. Many workers in this industry do not
27 have a first language of English, so by the time you
28 overcome the various hurdles, people in my position, as a
29 trade union official in the 80s dealing with trade union
30 development, were faced with the problem of: How does this
31 right get exercised? That is all I am trying to do,
32 putting a question mark over how the right is exercised.
33
34 Q. Why did you say five days?
35 A. Five working days.
36
37 Q. That is for interim relief; is that what you are saying?
38 A. It is interim relief, yes.
39
40 Q. But a claim for compensation, the period of notice is three
41 months, is it not?
42 A. The standard application is three months, yes.
43
44 Q. That is for somebody who says he has been victimised at
45 work on account of his trade union activity, is it not?
46 A. That is the other avenue, yes. That is the possible
47 avenue.
48
49 Q. We have the position now where I can ask you some
50 questions, you see, about Mr. McGee, who works at
51 McDonald's, he says, between November 1986 and July 1987.
52 You gave us an account yesterday of your contact with
53 Mr. McGee -- you will correct me if I am wrong; I am
54 summarising because it was a long account, something like
55 this -- Mr. McGee came to you in your office and said:
56 "I want some help. I would like to join the union, and
57 I want to try to recruit in the store". Yes? You gave him
58 some advice about how to do this and you gave him some
59 literature; is that right so far?
60 A. So far.
