By Leonie Wellin
MELBOURNE: The unlawful dismissal case of Mervyn Vogt v Telstra Corp has finally been listed for hearing in the Industrial Relations Commission in April 1988. Merv was left with no choice but pursue his case in the IRC after being dismissed from his job at the communication giant's Burwood site. Vogt was dismissed for producing and distributing a rank and file union newsletter for nightshift Telecard workers.
Late last year the IRC ordered a conciliation conference between the parties to try and resolve the dispute but no agreement could be reached. Telstra had earlier reneged on an agreement in which Telstra would withdraw all 'charges' if Vogt would agree to be relocated to another Telstra site. Barristers representing the communications company have made it clear that Telstra intend to defend the case vigorously, saying that there is 'no common ground' between the parties. The case had originally been scheduled to run for one day and had been set down for hearing on the 27 January. After around two hours of legal argument, in which Vogt's Barrister proved himself more than a match for Telstra's costly legal team, the parties agreed to an adjournment of the case until April. The case is now scheduled to run for three days and will involve complex legal argument regarding an individual's rights to free speech and political association under the Constitution and other international rights and freedoms as set down under the United Nations Charter and ILO Conventions. The case has been acknowledged as being a precedent setting case for Australian unions, and of immense importance to the broader Australian community. The issues involved are another example of an employers' attempt to silence any dissent or criticism that they may face. This method of 'gagging' has become popular in Victoria, with teachers inside the state school system unable to speak out for fear of reprisal. This sinister trend, unfortunately, looks set to continue.