Hamburger chain Grill’d has been ordered to temporarily reinstate a woman who claimed she was sacked for seeking fair pay and conditions.
Kahlani Pyrah, 20, said she was dismissed after trying to terminate a workplace agreement but Grill’d said she was fired after it investigated bullying claims made against her.
On Monday, federal court judge Philip Burchardt ordered that she be temporarily reinstated, though she will remain on leave without pay until a final decision after a trial next month.
The decision means Pyrah will now be able to attend a Fair Work Commission hearing on Thursday where she will fight to have the existing wage agreements, which underpaid her up to $4,000 a year, terminated.
Outside court Pyrah said the decision was a win not just for her, but for young workers across Australia.
“I want to be able to go to this hearing on Thursday at the Fair Work Commission to terminate this agreement so that not only myself but all of my co-workers can have the decent pay that we deserve and that we work so hard for,” she said.
Pyrah told Guardian Australia she was very “happy” about the federal court’s ruling. “This is a really strong message to workers everywhere that we can stand up for our rights and when we stand up together we can win – that’s what being in a union is all about. A huge thanks to everyone for all the support and solidarity.”
United Voice secretary Jess Walsh said more than 24,000 people had signed a petition calling for Pyrah to be reinstated.
“This brave young woman has had overwhelming support in the community in her efforts to fight for her right to speak out,” she said.
In a statement, Grill’d said the company looked forward to the bullying case against Pyrah being resolved quickly.
“We are supportive of the judge’s decision that she should not return to the workplace nor get paid, as this is in the interest of the welfare of the team at Grill’d Camberwell,” the company said.
Last week the burger chain agreed to change its pay rates following a public backlash over the legal action.
The chain’s founder, Simon Crowe, said Grill’d would review its pay agreements, which are currently below minimum wage.
“Our intent is to make sure we very clearly do what’s right and enter into modernising our award,” he told 3AW radio.
The 20-year-old had worked at the chain’s Camberwell outlet for 12 months when she realised employees were being paid below minimum wage with no overtime or penalty rates.
