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Member Run Boards >> Finance and Economics >> Workplace problem
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Message started by UnSubRocky on Jul 25th, 2024 at 10:48am

Title: Workplace problem
Post by UnSubRocky on Jul 25th, 2024 at 10:48am
This is a hypothetical situation:

____

At work, I fell asleep in my car during my lunch shift. I ate my lunch, which included an apple, an egg and avocado sandwich and drank a juice box. Whilst listening to the radio, I was overcome by hyperinsulinemia and fell exhausted into sleep for 20 minutes. That 20 minutes included 5 minutes overtime into my next shift. Most of the staff seemed okay that I was 10 minutes late getting back for my afternoon shift.

The next day, the supervisor instructed me that I was being suspended, citing my health concern. I had previously said that if I fall asleep in my car, just to come and tap on the window to wake me. The supervisor used my words against me and said that I needed to see a doctor about getting my (type 2) diabetes under control. I later learned that a mediator had gotten written correspondence that I did not seek permission to sleep in the car. The car was located in a carpark, where a "No Trespassers" sign was clearly marked 100 metres closer to the entrance.

Given that I have mentioned of my schizophrenia as part of a non-disclosure agreement, I felt violated that the supervisor would contradict what other staff members had said about me.

Do I have the right to pursue a Fair Work Australia (FWA) claim against my employer?

Title: Re: Workplace problem
Post by Laugh till you cry on Jul 25th, 2024 at 1:25pm
Yes. 10 minutes late hardly seems cause for suspension.

Suspension itself is intimidation and constructive dismissal.

Title: Re: Workplace problem
Post by Jovial Monk on Jul 26th, 2024 at 12:56pm
Can you get a diabetes test kit, check your sugar level? That is what my bil has.

Title: Re: Workplace problem
Post by UnSubRocky on Jul 27th, 2024 at 7:19am

Jovial Monk wrote on Jul 26th, 2024 at 12:56pm:
Can you get a diabetes test kit, check your sugar level? That is what my bil has.


I did a blood glucose test yesterday. I get the results on Monday. My doctor and I will have a talk about this on Tuesday as to whether I need to change diabetes medication.

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