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PETITION REGARDING WORKERS’ CONSTITUTIONAL RIGHTS

ARISING FROM UNLAWFUL TERMINATION CASE OF HILDA ZHANG

To the Honourable President and Members of the Senate in Parliament assembled:

The Petition of the undersigned shows:

The Federal Court struck out Hilda Zhang’s claim of unlawful termination of employment, which is certified by the Industrial Relations Commission, and ordered her to pay the employer’s cost, holding that her claim was instituted “vexatiously or without reasonable cause” because she only complained about her former employer’s unlawful instructions and activities to the employer, the Auditor, the Unions, Victorian Employers Chamber of Commerce and Industry, the ATO and the WorkCover and not “to a Court or Tribunal" before the termination. The judgments of the Federal Court do not uphold the employee’s right and obligation to uphold and obey law in the workplace under the Constitution.

Your petitioners request that the senate

1.      ensure that employees’ rights under the Constitution are upheld by the laws and courts,

2.      ensure that the Attorney General of Commonwealth responds to Hilda Zhang’s Notice of A Constitutional Matter, which is certified by the High Court, and intervenes in the matter in the High Court under section 77J(1) of the Judiciary Act 1903.

 


Petition regarding workers' constitutional rights arising from unlawful termination of Hilda Zhang