Jessica Shepherd, a 19 year old science student at ANU, has lodged a complaint this month with the Office of Workplace Services (OWS) against the multi-national corporation Serco Sodexho Defence Services.
In her complaint, Ms Shepherd alleged that Serco Sodexho, the company that won the Canberra Defence services contract, used duress to get her and other employees to sign new Australian Workplace Agreements (AWAs).
Duress is specifically outlawed, but is often difficult for employees to prove.
Ms Shepherd was employed by Serco Sodexho as a casual employee to work at the Weston Creek, Australian Defence College Mess as a hospitality worker on October 1st 2006. Ms Shepherd has today bravely spoken out about how Serco Sodexho has been using duress to get employees to sign new AWAs.
Having already signed an AWA with Serco Sodexho, Ms Shepherd received a second contract in the mail with a letter outlining the changes and asking her to sign the new contract.
“When I read through the contract, there were more changes than the letter explained, especially in relation to the termination clause. I contacted my manager so that the changes could be explained before signing the contract”, Ms Shepherd explained.
“I later received a voicemail message from manager informing me that my employment would be terminated if I didn’t sign the AWA the very next day. I was shocked and didn’t know what to do.”
“The LHMU website had information on the OWS. I followed the link to their website and read the information provided on duress and recognised immediately that what Serco Sodexho had done to me was unlawful. I made a complaint to the OWS on November 9th in a successful effort to retain my position and the Defence College”
“I recognise that I’m in a fortunate position. I should be able to find other casual work if I have to. If I didn’t have other employment options it would have been very difficult for me to make the complaint and risk losing my job” Ms Shepherd admitted.
The LHMU, who have been representing the cleaners during their dispute with Serco Sodexho, have reason to believe that other workers have also been put under duress but are reluctant to come forward because they are concerned about losing their jobs.
“I know for a fact I was not the only person threatened in this manner”, Ms Shepherd added.
Ms Shepherd met with Senator Lundy this week. “It takes people like Jessica to speak out to stamp out this bullying and unlawful behaviour by large corporations” Senator Lundy said.
“While the OWS appears to be acting on the allegation against Serco Sodexho in this instance, in reality it is very difficult for employees that have experienced duress to prove it. It is usually just their word against the employers. I will be monitoring their handling of this complaint”, Senator Lundy said.
“Jessica’s first hand experience of duress shows the dangers of the Howard Government’s extreme new workplace laws that promote the use of AWAs” Senator Lundy concluded.
A Labor Government will rip up the Howard Governments unfair Work Choices legislation and put in place a system that is fair and respects workers rights.
Information about the use of coercion and duress is attached.
Jessica Shepherd can be contacted for comment – contact Lyndal Ryan (LHMU) 0411 643 982 for details
Contact: Rachel Allen – 0418 488 295 or 02 6277 3334 (Lundy)
