WA:Engineer awarded $85,000 compensation

AAP General News (Australia)
04-08-2011
WA:Engineer awarded $85,000 compensation

PERTH, April 8 AAP - An Indonesian aircraft engineer employed on a visa has been awarded
$85,000 in compensation after the Federal Court ruled his employer had breached work laws.

The case is believed to be the first of its kind where the court has found an employer
guilty of breaching the Fair Work Act and awarding $85,000 compensation for lost wages
including compensation for hurt and humiliation.

In April 2009 Djoko Puspitono was working in Perth for International Aviation Service
Assistance, which carries out aircraft maintenance for Garuda.

After complaining about not receiving overtime, the employer reviewed Mr Puspitono's
performance and sacked him.

He was reinstated after making an unfair dismissal claim but five months after, his
employer told Garuda his personality was unsatisfactory, which meant he lost his authorisation
to work on Garuda aircraft, and was sacked again.

Mr Puspitono's lawyer Giri Sivaraman said the Federal Court's decision sent a message
that workers had a right to raise concerns about their pay and entitlements without fear.

"Mr Puspitono was treated in a disgraceful way by his employer," he said.

"He lost his right to stay in Australia and has had to return to Indonesia.

"His health has suffered (and) his family suffered because they relied on his wages
for his children's education and housing costs in Indonesia."

Mr Sivaraman said the court decision had set several precedents including the fact
that the court could order employers to pay lost wages, compensation and damages for humiliation.

"It also highlights that making a negative assessment of an employee that adversely
affects the continuation of his employment is adverse action," he said.

The issue of costs, penalties and interest will be heard on April 12.

AAP anr/apm

KEYWORD: PUSPITONO

� 2011 AAP Information Services Pty Limited (AAP) or its Licensors.