The AMWU has won a legal victory against a Brisbane-based food can manufacturer after it forced a member to resign.

Impress Australia Pty Ltd (formerly Amcor Food Cans) conducted a concerted and devious campaign to force Lyne Hastie, a machine operator, to resign after more than 13 years of service. 

Lyn commenced work at Amcor Food Cans in 1996.  Amcor was brought out by Impress late last year, and her employment was transferred to the new company. 

Lyn was forced to resign from her job at Christmas time last year as a direct result of her employer’s campaign to oust her from her job. 

Lyn injured her ankle in 2004 after tripping over at work.  The injury was aggravated in August 2007. 

Following the injury the employer withheld important medical advice from Lyn concerning the requirement to wear protective footwear. 

In 2007 the employer once again failed to act on medical advice that detailed a number of measures to minimise risk to Lyn’s injury.  If implemented, Lyn would have been able to continue work with minimal impact on her ankle. 

In October the employer cut short Lyn’s light duties program.  She was stood down and forced to access accrued annual and long service leave.  Lyn was told she could only return once she made a full recovery.

“The food can manufacturer has a large-scale operation.  Lyn possesses a variety of skills and could have been transferred to a more suitable job”, Andrew Dettmer, State Secretary said. 

“The actions by Amcor and then Impress were specifically designed to starve Lyn out”, Andrew said. 

Lyn resigned once all her leave entitlements had run out. 

“I had no choice but to resign.  I have a family to support and needed income.  Any worker in my position would have had to do the same thing”, Lyn Hastie said. 

“This was a cowardly campaign to force a vulnerable worker’s hand and to cover up what was really going on.  They did not want Lyn because of her injury but did not have the guts to sack her”, Andrew said. 

“The actions of Amcor and its successor company, Impress, were deliberate, calculated and aimed solely at forcing Lyn from her employment”, he said. 

The legal victory has now enabled Lyn to pursue an Unfair Dismissal application.  The Australian Industrial Relations Commission found that Lyn did not voluntarily resign from her employment and is therefore entitled to access unfair dismissal laws.  Impress has more than 100 employees. 

The AMWU is currently preparing for an unfair dismissal hearing on Lyn’s behalf.