Upholding People's Right

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Law of unlawful dismissal

Ruling case
High Court's response

Attorneys-General's responses

Prime Minister's Department's responses
Department of Employment's responses
Senate's response to petition
Senate's response to submission

Other websites and radio published the matter

Other websites published the matter

(Letting people know the truth—employers’ apparently unlawful directions are enforceable, please setup links between yours and your organizations’ websites and this website)

1.   http://www.unionsaustralia.com.au/rightswatchblog/

‘Can you refuse your boss’s unlawful instructions?

Posted by Hilda – 11:26 AM 28.04.06

Everybody knows falsifying accounting records and reports are wrong and illegal. However, when an accountant was sacked because she complained internally and externally that her superior forced her to falsify accounting records and reports, the Federal Courts held to the effect that her claim of unlawful termination was vexatious and without reasons because she did not complain “to a Court or Tribunal” before she was terminated….’

'Bullying and retaliatory cases in Court and Commission

Posted by Daming - 01:06 PM 16.12.09

Could an account be sacked for refusing to falsify accounting record and report, like Hilda, an accountant? Yes, she was sacked. This may explain why there are many financial scandals, for instance, HIH, One-Tel and AWB. A judge characterised her complaint to the employer, union, CPA, WorkSafe and ATO etc as only in the capacity as employee.


To avoid retaliatory dismissal, legal advice for workers is that you have to follow all directions from bosses including apparently unlawful directions.

Adding to the issue is that the governments’ information (on the governments’ websites etc) and legal advices contradict each other. The government assert:

  • it is a workplace right to be able to make a complaint,
  • it is against the law for the employers to threaten to dismiss employees for making a workplace complaint.

To clarify the confusion and let worker make fully informed decision about workers’ right to make complaint, a public debate is needed. (To know more about bullying or retaliatory dismissal, and to share your real stories, comments or suggestions, please look at website: http://upholding-people-right.info.)'

2.   http://www.wbde.org/chronology.php

'2007 Nov 22 Democratic Labor Party Press Release Hilda Zhang

'DMC Unlawful Dismissal: The Case of Hilda Zhang "...dismissed for her unwillingness to break the law and her willingness to tell the truth." Royal Australian Chemical Institute Inc'

3.   http://www.wbde.org/documents/2007Nov22HildaZhangWhistleblowerSacking.php

'NEWS RELEASE 22 November 2007

Democratic Labor Party

Unlawful Dismissal: The Case of Hilda Zhang

In a late election campaign statement the Democratic Labor Party’s Senate hopeful for Victoria, John Mulholland, has highlighted the ongoing case of Hilda Zhang, who was dismissed for her unwillingness to break the law and her willingness to tell the truth….'



5.   http://kangaroocourtaustralia.com/

Workers’ Constitutional Rights Arising From Unlawful Termination Case of Hilda Zhang’ posted on: Feb 26 2009, 02:29 PM

6.   http://www.greenleft.org.au/2006/667/6705

‘Workers’ rights

Petitions for workers’ rights under the constitution have been launched. Many supporters of the Green Left Weekly have supported and signed the petitions..’

7.   http://melbourne.indymedia.org/news/2006/09/121059_comment.php

8.    http://sydney.indymedia.org.au/LocalNews?filter0%5B0%5D=1532

9.   http://www.perthimc.asn.au/index.php?action=newswire&parentview=140397

‘This newswire is for stories from the Oceania region

Workers’ Constitutional Rights Arising From Unlawful Termination Case of Hilda Zhang by 2009-02-27 11:04 am +0900

Australian Constitution is it valid?...’

10. http://www.indymedia.org.uk/en/2009/03/423857.html

‘Workers’ Constitutional Rights Arising From Unlawful Termination Case of Hilda Zhang…’

11. http://www2b.abc.net.au/tmb/Client/Message.aspx?b=37&t=1&ps=20&dm=1&pd=2&am=8053#m8053 (ABC Four  Corners—Investigative TV journalism at its best—Open Letters Boards)

Author              peoplesrights ®

Date/Time        06 Jan 2010 6:18:46pm

Subject             What ‘Choices’ are left?

 ‘It sounds good 'New year farewells WorkChoices'. However the effect of Howard's campaign to slash workers' right has not gone. Analysing bullying and retaliation cases in last few years we may find employees don't have the right to make complaints against employers.

‘Could, a worker be sacked due to complaining about bullying and harassment to union, like Victor, a long serving employee, a union's Health and Safety Representative?

‘He was sacked. A judge found he was sacked due to his complaint to union about the manager's bullying and harassment. However, the termination was not unlawful. What option is left for workers when they do not have the right to make a complaint?


12.       http://www.unitywa.org/links.php (Unity Party Western Australia)

13.       On 8 May 2010 at 9:10 am, Radio 855 AM Melbourne broadcasted AAWL’s news about its campaign against the case law. (click to hear the news) (3CR radio station was established in 1976 to provide a voice for those denied access to the mass media, particularly the working class, women, Indigenous people and the many community groups and community issues discriminated against in and by the mass media.)

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