A young whistleblower who exposed the exploitation of cleaners at Myer will on Friday dispute his sacking in court after he spoke out about sham contracting and the underpayment of workers.
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United Voice lawyers acting for Rafael Colobon will take action in the Federal Court and ask it to reinstate him on an interim basis. They will argue the Fair Work Act has been breached after he was sacked for speaking out about sham contracting and underpayment of cleaners at Myer.
Mr Colobon, 24, a Myer cleaner and student from Colombia, recently spoke anonymously about cleaners being underpaid by up to $19 an hour.
United Voice, the union that represents cleaners, said Mr Colobon was underpaid at least $7000 in three months when he was working as a cleaner at Myer in Melbourne. The Fair Work Ombudsman is also investigating.
ABC's 7.30 filmed Mr Colobon going into his dismissal meeting in which a manager identified Mr Colobon as a whistleblower. Mr Colobon was hired by a Myer subcontractor called INCI Corp Property Services. Myer had contracted Spotless to do its cleaning.
Mr Colobon may have to return to Colombia without completing his studies in Australia.
United Voice Victorian secretary Jess Walsh said Mr Colobon blew the whistle on Myer and rampant exploitation of its cleaners just weeks before he was sacked.
"This is just the latest example of vulnerable workers being ripped off by unscrupulous employers. We saw it at 7-Eleven, with fruit and vegetable workers and again now with Myer cleaners. There is a real crisis of fear, insecurity and exploitation across Australia right now," she said.
"Myer presides over a chain of exploitation. It comes from workers being employed indirectly. We need to break the chain and legally compel Myer to ensure all workers are paid properly."
A spokeswoman for Myer said it has notified Spotless and it is investigating the subcontractor involved.
"Myer holds the same concern for the rights and wellbeing of all its team members regardless of their role or employment status, whether they are permanent, part-time, casual or contractor," the spokeswoman said.
"We do not tolerate circumstances where our required standards are not met. Prior to engaging Spotless, Myer terminated the contract of a cleaning services provider which was not able to adequately demonstrate full compliance.
"Myer will continue to engage with the Fair Work Ombudsman and assist with its enquiries."
