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Sneaking suspicion

Discussion in 'The Pub' started by The Predecessor, Apr 12, 2007.

  1. Well for me, the inevitable happened on tuesday afternoon.
    When my accident happened late last year, laying in my hopsital bed I
    had this hunch that when I got back to work, it wouldnt be long before they layed me off..
    I went into work one time during my recovery, to give them a updated workcover certificate.

    I spoke to the lady in the office, and asked.. 'Look, is my job secure'
    (I had only really just started the job, had been there a month and then I was in the accident on my way home from work.)

    She replied with something like 'They're morally cant'
    Anyway, I had only really been back a week and a half, and on Tuesday afternoon.. Just before we knock off, I got called upto the office.
    Yep... I seen it coming. They sacked me!

    I went all long weekend, thinking things are finally looking like there
    getting back to normal... work my arse off all day, and then that.
    Im pretty pissed off.. the boss was giving me the whole 'we are sorry treatmeant' ..Give me a break, I dont want your fake apologies!

    Was such a petty reason why they let me go too!
    Oh well, another chapter in my life starts.
    Gives me the chance to chase something 'I love'
  2. blow 'em up. bastards.
  3. Welcome to my world.

    fcukers had my position replaced whilst I was in Tassie riding around with a broken body after telling them I crashed.

    I let them know on the WED, got back on the Sunday, went to the docs, got a certificate, handed it to them on Monday;

    "sorry, we've restructured, you aren't part of our grand plan"

    fcuken cowards!!!!!

    Kick a man when he's down why don't ya

    So here I sit, all broken and unemployed, 18 months of being one of the management team meant complete and utter shit to the pricks.
    I'm down to one wing for the next 6 weeks at least, who is going to employ a bloke with one wing

    I hope they get held up, burnt down, cop flood damage, they fail and lose a heap of money, all their cars, houses, ho's, and their health deteriorates and they lose their teeth and their bowel control, fcukers!!!!!!!

    No, really, i'm not bitter ;)
  4. loosing your job isnt that bad. it's something you can recover from.

    a disgruntled x-employee is every boss's worst nightmare.

    unfortunately, if u manage to scar em the lesson would be 'never hire a motorbike again' rather than 'better not be such an ar$e next time'.

    its pretty low
  5. Workchoices removed the right, for many employees, to seek redress for unfair dismissal. It did not, however, relieve employers of the obligation to avoid unlawful termination. (ss.170CK-170CT of the Workplace Relations Act 1996)

    Terminating an employee for a temporary absence from work because of illness or injury is unlawful, as is terminating them because they have a disability, unless the is an inherent requirement of the job that could not be fulfilled because of the disability (and a healing injury counts as a disability). An injury that renders the employee unable to undertake his or her duties is known as "frustration of contract" and is grounds for termination.

    "Temporary absence" is three months or less. However, any period of paid sick leave does not count toward the 3 months.

    You have options. The first is to lodge a complaint with the AIRC for breach of ss.170CK-170CT of the Workplace Relations Act.

    The second is to lodge a complaint through the Victorian Equal Opportunity Commission (or its interstate counterparts) under the Equal Opportunity Act. The EOA says:

    "impairment" means—
    (a) total or partial loss of a bodily function;

    The EOA is silent on whether the impairment must be permanent.

    The EOA has exceptions - a business employing 5 or fewer people(not including family of the proprietor) is exempt. The Victorian EOC cannot adjudicate, but it can conciliate. If conciliation is unsuccessful, you can take the matter to VCAT (sorry, I don't know what the options are for non-Victorians)

    Thirdly, you can pursue the matter through the Commonwealth HREOC, under the Disability Discrimination Act. The DDA includes amongst its definitions of disability:

    (a) total or partial loss of the person's bodily or mental functions

    and goes on to say:

    It is unlawful for an employer ... to discriminate against an employee on the ground of the employee's disability...:
    (c) by dismissing the employee...

    Importantly, the disability can be temporary. From the HREOC website

    Complaints under the DDA are lodged through the HREOC.
  6. Report it to Workcover and Department of Labour and Industry. Hurt em in the hip pocket and teach em a lesson.
    Please don't let it lie, they'll just do it again later.

    Regards, Andrewl.
  7. Please wear a hijab when you do it though!

  8. Good God man your drunk! Never fear, I will be around post haste to make sure you are allright...
  9. yeah, give em heaps!

    you have nothing to loose and money to gain. *pe-ching!*

    at the very least, you'll shake them up a bit.
  10. as much as quite often the new work laws can be seen as unfair by some... but at my work, there were 2 women who should have been fired. they were great at parts of their job, but the job that i do entails a hell of a lot more than the "warehouse manager" ever ever ever did. (i go above and beyond though because my job is not specifically that)... but upon telling the boss to get f'd and walking out... here come the unlawful dismissal cases. one was completely dismissed, the other just got a sickness leave until her wrist healed, (i told her to report the injury as it happened, which she didn't, and she was put to full-time from casual so that she could take sick leave).

    anyways... it's a small business, my mum's business. and when you have to go through so many f'n stupid employees and give up your sales and imports team, (my mum).. the results can be disastrous.

    so to be completely honest, i've not formed an opinion on your particular case, i do sympathise, but i just don't want this to become a unionised "let's attack the employers" thread!! :p

  11. Thanks to little Johhny Howard and workchoices the average workr has little protection.
    Chairman is correct in what he states, however we all know they would probably not have told you that you are being terminated due to your injury, or accident.

    These days they just need to say "re-structure" or "poor performance" or any other lame excuse that not so long ago required you to be counselled prior to being summarily dismissed.
    I encourage you to seek advice, but feel you would be fighting an uphill battle.