JOHANNESBURG (miningweekly.com) – Diversified mining major Rio Tinto faces a $50 000 penalty, issued by an Australian Federal Court judge, for victimising and illegally dismissing a Hail Creek coal miner, who injured his neck while driving a bulldozer in 2010 – an injury Rio Tinto admitted was caused by company negligence.
After being declared fit for work, the victim, Michael Haylett, continued at the mine for three years before being dismissed in 2013, when the Queensland District Court awarded him $630 000 in November that year as compensation for his injuries.
Trade union CFMEU Mining and Energy Division Queensland district president Steve Smyth welcomed the judgment, describing the penalty imposed on Rio Tinto as a David and Goliath-type battle against a mining giant.
“Michael Haylett, Hall Payne Lawyers and the union have been fighting this case for three years and Michael is finally getting justice against one of the world’s biggest mining companies for his unfair sacking,” said Smyth, adding that Rio Tinto had been running a vendetta against Haylett for years.
“The way the company acted in this matter, beginning with the heavy-handed and illegal sacking of a worker and ignoring a Supreme Court order, is appalling and the penalty of $50 000 against them is deserved.
“Mr Haylett has been through three years of legal proceedings to hold Rio Tinto to account for their improper actions, and today is his victory.”
According to Smyth, the Federal Court found that Rio Tinto’s decision to stand down Haylett was retaliatory – a reaction to his damages claim – and that this was in breach of the Fair Work Act.
“Justice Reeves made clear in his judgment that he did not think Rio Tinto has any remorse for its treatment of Mr Haylett and that it acted deliberately to break the law to sack a worker out of spite,” he said.
Solicitors from Hall Payne Lawyers said that they had seldom seen worse treatment of an employee by a company, with Rio Tinto’s defiance of Supreme Court orders and its arrogance nearly unprecedented.
The judgment also provided for Haylett to be awarded compensation for his suffering, along with back pay for the three years he was out of work. The court will determine the amount this week.