The Steel Workers Union (SWU) has lodged an appeal against the Industrial Court’s dismissal of their complaint against the Desalination Company (Desalcott) regarding actions taken during the COVID-19 pandemic. In a September 26 ruling, the court’s vice president, Hubert Soverall, and chairman of its Essential Services Division, Larry Achong, upheld Desalcott’s enforcement of pandemic-related measures, deeming it lawful. However, court member Gregory Rousseau dissented, arguing that Desalcott unlawfully locked out workers who refused the COVID-19 vaccine and breached Section 63 of the Industrial Relations Act by implementing a ‘rotation’ policy that sent employees home without pay. Rousseau ordered Desalcott to reinstate affected workers by November 10 and compensate them for lost wages and benefits dating back to June 17, 2021, while also imposing a $20,000 fine. The case originated from a July 2021 union complaint after unvaccinated employees were indefinitely sent home. Rousseau criticized Desalcott for failing to consult workers before making unilateral decisions and replacing their positions in October 2021, effectively terminating their employment without notice. He emphasized that no law authorized employers to place workers on unpaid leave, highlighting the lack of legislative clarity during the pandemic. In contrast, Soverall and Achong ruled that Desalcott acted in compliance with existing laws and government directives, prioritizing public health and worker safety. They acknowledged the challenges posed by rapidly evolving regulations and concluded that Desalcott’s actions were reasonable and consistent with good industrial relations practices. The case underscores the complexities of navigating employment laws during unprecedented public health crises.
Steel Workers Union appeals Industrial Court’s Desalcott covid19 ruling
