Sydney, Australia – The Australian Federal Court fined mining giant BHP $84,000
after it was found to have forced 85 employees to work during the Christmas and Boxing Day holiday
at the Downia mine in central Queensland, without paying any compensation.
The case dates back to June 2019, when operations services staff
at the Daunya mine reported the need to work on public holidays.
This is despite the fact that their annual contracts do not specify
additional pay for working during those periods.
In violation of labor law
The court confirmed that this conduct constitutes a violation of the Fair Labor Act 2009.
Some workers on BHP reported feeling “broken down” and “deeply guilty”
for having to leave their families during those days.
This includes a single employee who had to pay $500
to a nanny to look after her children.
Judge Darrell Rangia ordered that the employees be compensated
with an average of $800–$1100 each.
This is in addition to paying $2,400 to one employee,
plus $15,000 to the union that filed the lawsuit.
Real consequences
Labor lawyer Patrick Turner said the case shows “real consequences”.
This occurs when employers disregard the basic rights of employees.
He stressed that a request to work on a holiday – such as Christmas –
must be reasonable and can be refused if it is not.
This penalty serves as a warning to companies regarding
respecting workers’ rights on public holidays.
And to guarantee payment of due compensation
when work is requested during that period.
