Don't Cap Compensation To Hardies Asbestos Victims

ACTU Secretary Greg Combet announced today:

"Unions and asbestos support groups have agreed on a joint submission with the Medical Research and Compensation Foundation (MRCF) to put forward to the Jackson Commission of Inquiry.

The agreement means that unions, asbestos groups and the MRCF:

  • Will not support James Hardies tort law reform proposals which would reduce asbestos victims right to compensation,
  • Call on James Hardie to provide immediate and unconditional funding to the MRCF to ensure the Foundation can remain solvent and continue to pay asbestos victims claims,
  • Support the establishment of a James Hardie Special Prosecutor to pursue Hardies for compensation, and
  • Agree on a process for streamlining and reducing legal costs associated with asbestos compensation claims.

This agreement is an important signal that the Foundation was now committed to supporting the right of James Hardie asbestos victims to full and proper compensation from the company."

Commenting on other recent developments in the NSW Special Commission of Inquiry Mr Combet said:

"What James Hardie has done is appalling and they need to be bought to justice. Counsel assisting has suggested that charges of fraud against Hardies CEO Peter McDonald should be investigated."

"Only yesterday Counsel Assisting the Commission also submitted evidence which shows that over time a total of $1.3 billion (in today's money value) has been drawn from James Hardie asbestos producing subsidiaries in company dividends and inter-company payments."

"This is money that should be available to compensate asbestos victims yet James Hardie left town to the Netherlands leaving only $293 million to compensate an estimated asbestos liability of at least 1.5billion."

It is expected that James Hardie will this afternoon announce its proposal for tort law reform that would likely limit the level of compensation available to victims.