{"id":669,"date":"2013-02-27T11:17:36","date_gmt":"2013-02-27T10:17:36","guid":{"rendered":"http:\/\/www.hazards.org\/blacklistblog\/?p=669"},"modified":"2013-02-27T11:17:53","modified_gmt":"2013-02-27T10:17:53","slug":"blacklisted-worker-wins-human-rights-argument","status":"publish","type":"post","link":"https:\/\/www.hazards.org\/blacklistblog\/2013\/02\/27\/blacklisted-worker-wins-human-rights-argument\/","title":{"rendered":"Blacklisted worker wins human rights argument"},"content":{"rendered":"
\"\"<\/a>
WHAT A CARILLION The construction giant faces a tribunal probe into alleged human rights abuses raised by Dave Smith (left). <\/figcaption><\/figure>\n

A blacklisted worker who was denied justice because he was an agency worker has been told his human rights may have been violated and has been granted leave to appeal. An Employment Appeals Tribunal (EAT) this week decided that construction giant Carillion must face human rights claims over its role in the construction industry blacklisting scandal.<\/p>\n

Justice Singh ordered that a High Court judge should hear Dave Smith\u2019s EAT case.<\/p>\n

The former site engineer from Essex was repeatedly dismissed and refused work once his name appeared on the illegal blacklist after he had raised concerns about asbestos, poor toilet facilities and contaminated waste on building sites controlled by companies within the Carillion Group. An employment tribunal in January 2012<\/a> found he had been blacklisted for his activities as a trade union safety rep, but threw the case out despite accepting there had been a \u201cgenuine injustice\u201d because he was not directly employed, but supplied through an employment agency.<\/p>\n

At this week\u2019s hearing, citing the findings of the original tribunal<\/a>, lawyers acting for Dave Smith argued: \u201cThere can be no doubt that Articles 8 and 11 [of the European Convention on Human Rights] were engaged on the basis of the facts found by the tribunal. Covert collection of private data has been held to contravenes Article 8(1); as has dismissal causing damage to an employee\u2019s reputation. Article 11(1) requires the State to protect \u2018everyone\u2019 effectively against discrimination for participating in trade union activity.\u201d <\/em><\/p>\n

Commenting after Justice Singh\u2019s ruling, Dave Smith said: \u201cBlacklisted workers have always argued that we have been the victims of a major human rights conspiracy. It\u2019s time that Carillion and the other multinationals who deliberately set out to ruin our working lives to face justice. A judge has finally decided that these human rights\u00a0violations\u00a0need to be answered in court. This is a great\u00a0decision\u00a0– I am grinning like a raver.\u201d<\/p>\n

Invoices and salesbook entries show that\u00a0Carillion\u00a0paid \u00a337,814.72\u00a0to\u00a0covert blacklisting group The\u00a0Consulting Association between 1999 and 2006 and its managers were still attending meetings as late as 2008.<\/p>\n

The firm is scheduled to appear before the Scottish Affairs select committee investigation into blacklisting.<\/p>\n","protected":false},"excerpt":{"rendered":"

A blacklisted worker who was denied justice because he was an agency worker has been told his human rights may have been violated and has been granted leave to appeal. An Employment Appeals Tribunal (EAT) this week decided that construction giant Carillion must face human rights claims over its role in the construction industry blacklisting … <\/p>\n

Continue reading “Blacklisted worker wins human rights argument”<\/span><\/a><\/p>\n

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