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I got the sac today (Read 4254 times)
greggerypeccary
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Re: I got the sac today
Reply #15 - Oct 11th, 2018 at 7:24am
 
aquascoot wrote on Oct 11th, 2018 at 7:16am:
greggerypeccary wrote on Oct 11th, 2018 at 7:12am:
aquascoot wrote on Oct 11th, 2018 at 7:10am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.






lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.
i'd counsel against it.
its a non productive mode of being


I'm not a lawyer, and the FWC isn't a law firm.

Important:

Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect.



its still moving your mental frame to see a problem as something to feel hurt about, not something to use a stepping stone up the narrow road to success.
in my estimation, associating with a bad mindset lets that mindset seep into your neurology.
better to focus on the opportunities ahead and see this as a learning experience .
then your neurology will tell you that you are a creature who is now stronger and more resilient.


Do NOT listen to idiots like the one above, mike.

"An employer must provide an employee with written notice of the day of termination when ending their employment. Some exceptions apply (see below)."

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/mi...

"An employer must not terminate an employee unless they have either:

"- given the minimum period of notice

"- paid the employee instead of giving notice. This is paid at the employee's full pay rate as if they had worked the minimum notice period."
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aquascoot
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Re: I got the sac today
Reply #16 - Oct 11th, 2018 at 7:35am
 
oh ive got no doubt most people will take your advice gweg.

but that doesnt mean most people are making the right choice.

most people make a self identity out of themselves as a victim (the whole legal framework relies on this ) and then they are stuck.

the lawyers have a nice big house to show for it but the client just has a new self identity as a victim and thats just a very bad idea.

still most people will do what you are saying.

thats why there are so few people on the "narrow road to success".
its a NARROW road you dumbie  Cheesy Cheesy
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greggerypeccary
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Re: I got the sac today
Reply #17 - Oct 11th, 2018 at 7:45am
 
aquascoot wrote on Oct 11th, 2018 at 7:35am:
oh ive got no doubt most people will take your advice gweg.

but that doesnt mean most people are making the right choice.

most people make a self identity out of themselves as a victim (the whole legal framework relies on this ) and then they are stuck.

the lawyers have a nice big house to show for it but the client just has a new self identity as a victim and thats just a very bad idea.

still most people will do what you are saying.

thats why there are so few people on the "narrow road to success".
its a NARROW road you dumbie 
Cheesy Cheesy


There's no need for lawyers in unfair dismissal claims.

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal/eligibility

Stop giving bad advice on something you know absolutely nothing about.

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/mi...

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Re: I got the sac today
Reply #18 - Oct 11th, 2018 at 7:53am
 
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.





Didn't take you long to put your 'sales' cap on pessary.........
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aquascoot
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Re: I got the sac today
Reply #19 - Oct 11th, 2018 at 8:15am
 
greggerypeccary wrote on Oct 11th, 2018 at 7:45am:
aquascoot wrote on Oct 11th, 2018 at 7:35am:
oh ive got no doubt most people will take your advice gweg.

but that doesnt mean most people are making the right choice.

most people make a self identity out of themselves as a victim (the whole legal framework relies on this ) and then they are stuck.

the lawyers have a nice big house to show for it but the client just has a new self identity as a victim and thats just a very bad idea.

still most people will do what you are saying.

thats why there are so few people on the "narrow road to success".
its a NARROW road you dumbie 
Cheesy Cheesy


There's no need for lawyers in unfair dismissal claims.

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal/eligibility

Stop giving bad advice on something you know absolutely nothing about.

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/mi...




its still about looking to some authority figure to mother you and solve your problem .
that is appropriate for a toddler.
the left , however , see everyone as helpless victim or evil predator and they think that it is appropriate for people to be treated as helpless victim for their entire lives.
its the overdeveloped motherhood instinct of the left.

but from the age of about 13, if you want to become a confident assertive and meaningful creature, you have to brush aside this pathological way of seeing the world.

its ok for a 3 yo in a day care to run to an authority figure when there is a problem.
by the time we become adults, if we are to move up the "narrow road to success", we need to stop doing that, take personal responsibility for the trajectory of our lives and stop relying on the eternal mother to solve our problems.

you are a deeply oedipal man gweg, you think you are helping but all you are doing is weakening people
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greggerypeccary
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Re: I got the sac today
Reply #20 - Oct 11th, 2018 at 8:16am
 
Fuzzball wrote on Oct 11th, 2018 at 7:53am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.





Didn't take you long to put your 'sales' cap on pessary.........


I'd make no money from it.

There's a $72 application fee that's paid to the FWC (if mike's in a union, they will pay that fee for him).

That's it.

No need for a lawyer, or any other expense.

There's next to no chance at all that he'll get his job back, but that's not what these claims are about most times.

Lodging an unfair dismissal claim is a way of ensuring that an unscrupulous employer pays all of the employee's entitlements on termination.

If mike's boss has paid him in lieu of notice, and is not withholding any accrued annual leave, then there's no need to lodge a claim.

However, if he sacked him on the spot and is refusing to pay what mike is legally owed, then an unfair dismissal claim is the best option.

What usually happens is: the employer receives the notice from FWC; freaks out; calls the ex-employee back in for a friendly chat; a reasonable & fair termination package is agreed upon; everyone walks away happy.

Once that money goes into the employee's bank account, the employee discontinues the unfair dismissal claim with the FWC (by filling out a very simple form, which costs nothing).

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cods
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Re: I got the sac today
Reply #21 - Oct 11th, 2018 at 8:17am
 
I almost never agree with greg.. but in this case he is right...whether mike takes him up on it  is no one elses business..

but I am sorry to see aqua come in with his folksy remedy..one answer covers all.... Roll Eyes Roll Eyes that seriously does not apply in today work place..

mike was the SAFETY OFFICER.....it is governed by LAWS.....these laws are not made for fun....mike could very well sit on his bum and do and say nothing   and then who knows a driver killed...or kills others and it all lands on mikes desk.... not the guy thats sacked him..


mike isnt upset he has been sacked for doing his job...

I am sure he would rather that than be found guilty of NOT DOING HIS JOB..






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cods
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Re: I got the sac today
Reply #22 - Oct 11th, 2018 at 8:20am
 
greggerypeccary wrote on Oct 11th, 2018 at 8:16am:
Fuzzball wrote on Oct 11th, 2018 at 7:53am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.





Didn't take you long to put your 'sales' cap on pessary.........


I'd make no money from it.

There's a $72 application fee that's paid to the FWC (if mike's in a union, they will pay that fee for him).

That's it.

No need for a lawyer, or any other expense.

There's next to no chance at all that he'll get his job back, but that's not what these claims are about most times.

Lodging an unfair dismissal claim is a way of ensuring that an unscrupulous employer pays all of the employee's entitlements on termination.

If mike's boss has paid him in lieu of notice, and is not withholding any accrued annual leave, then there's no need to lodge a claim.

However, if he sacked him on the spot and is refusing to pay what mike is legally owed, then an unfair dismissal claim is the best option.

What usually happens is: the employer receives the notice from FWC; freaks out; calls the ex-employee back in for a friendly chat; a reasonable & fair termination package is agreed upon; everyone walks away happy.

Once that money goes into the employee's bank account, the employee discontinues the unfair dismissal claim with the FWC (by filling out a very simple form, which costs nothing).




in my day when you were sacked the employer was not bound to give you all your entitlements..... maybe sick leave owing.....I am sure its changed now... but there are still a lot of unfair dismissals going on...

always as we know two sides to every story.
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aquascoot
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Re: I got the sac today
Reply #23 - Oct 11th, 2018 at 8:25am
 
cods wrote on Oct 11th, 2018 at 8:17am:
I almost never agree with greg.. but in this case he is right...whether mike takes him up on it  is no one elses business..

but I am sorry to see aqua come in with his folksy remedy..one answer covers all.... Roll Eyes Roll Eyes that seriously does not apply in today work place..

mike was the SAFETY OFFICER.....it is governed by LAWS.....these laws are not made for fun....mike could very well sit on his bum and do and say nothing   and then who knows a driver killed...or kills others and it all lands on mikes desk.... not the guy thats sacked him..


mike isnt upset he has been sacked for doing his job...

I am sure he would rather that than be found guilty of NOT DOING HIS JOB..








if an employer puts you in a situation where you have to be deceitful to keep your job you should leave.
its as simple as that.
once you start being deceitful , the deciet always compounds.

you should always tell the truth.
(your own personal truth)

and then just let the drama play out.

but heres my truth.

when you associate your mind with a problem, you are prone to become possessed by negative and neurotic thoughts.

and you shouldnt do that.

mike may GET something by going to FWA.
but it has nothing to do with what you get.
all that matters is what you BECOME.   Wink

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greggerypeccary
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Re: I got the sac today
Reply #24 - Oct 11th, 2018 at 8:26am
 
cods wrote on Oct 11th, 2018 at 8:20am:
greggerypeccary wrote on Oct 11th, 2018 at 8:16am:
Fuzzball wrote on Oct 11th, 2018 at 7:53am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.





Didn't take you long to put your 'sales' cap on pessary.........


I'd make no money from it.

There's a $72 application fee that's paid to the FWC (if mike's in a union, they will pay that fee for him).

That's it.

No need for a lawyer, or any other expense.

There's next to no chance at all that he'll get his job back, but that's not what these claims are about most times.

Lodging an unfair dismissal claim is a way of ensuring that an unscrupulous employer pays all of the employee's entitlements on termination.

If mike's boss has paid him in lieu of notice, and is not withholding any accrued annual leave, then there's no need to lodge a claim.

However, if he sacked him on the spot and is refusing to pay what mike is legally owed, then an unfair dismissal claim is the best option.

What usually happens is: the employer receives the notice from FWC; freaks out; calls the ex-employee back in for a friendly chat; a reasonable & fair termination package is agreed upon; everyone walks away happy.

Once that money goes into the employee's bank account, the employee discontinues the unfair dismissal claim with the FWC (by filling out a very simple form, which costs nothing).




in my day when you were sacked the employer was not bound to give you all your entitlements..... maybe sick leave owing.....I am sure its changed now... but there are still a lot of unfair dismissals going on...

always as we know two sides to every story.


Accrued sick leave isn't paid on termination, unfortunately.

Accrued annual leave is, though (employers can not withhold annual leave payments).

Pro rata Long Service Leave must also be paid on termination (unless the employee was summarily dismissed for serious misconduct).

And, if the employee is not given the appropriate notice of termination, then payment must be made in lieu of that notice period.

(This is for full-time and part-time employees, of course - not casuals).
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Re: I got the sac today
Reply #25 - Oct 11th, 2018 at 10:55am
 
aquascoot wrote on Oct 11th, 2018 at 7:16am:
greggerypeccary wrote on Oct 11th, 2018 at 7:12am:
aquascoot wrote on Oct 11th, 2018 at 7:10am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.






lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.
i'd counsel against it.
its a non productive mode of being


I'm not a lawyer, and the FWC isn't a law firm.

Important:

Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect.



its still moving your mental frame to see a problem as something to feel hurt about, not something to use a stepping stone up the narrow road to success.
in my estimation, associating with a bad mindset lets that mindset seep into your neurology.
better to focus on the opportunities ahead and see this as a learning experience .
then your neurology will tell you that you are a creature who is now stronger and more resilient.


And when he comes across another icehole like this ...

he again has to cop it on the chin?

Maybe not get paid his entitlements & his 2 weeks in lieu of notice?

I'd be making application to the FWC ... not necessarily to get the job back ... but to hit the bloke in the hip pocket(fines & costs)

and to get my entitlements paid and or a settlement.
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greggerypeccary
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Re: I got the sac today
Reply #26 - Oct 11th, 2018 at 11:11am
 
Gnads wrote on Oct 11th, 2018 at 10:55am:
aquascoot wrote on Oct 11th, 2018 at 7:16am:
greggerypeccary wrote on Oct 11th, 2018 at 7:12am:
aquascoot wrote on Oct 11th, 2018 at 7:10am:
greggerypeccary wrote on Oct 11th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."

https://www.fwc.gov.au/termination-of-employment/unfair-dismissal

And make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.

Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.






lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.
i'd counsel against it.
its a non productive mode of being


I'm not a lawyer, and the FWC isn't a law firm.

Important:

Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect.



its still moving your mental frame to see a problem as something to feel hurt about, not something to use a stepping stone up the narrow road to success.
in my estimation, associating with a bad mindset lets that mindset seep into your neurology.
better to focus on the opportunities ahead and see this as a learning experience .
then your neurology will tell you that you are a creature who is now stronger and more resilient.


And when he comes across another icehole like this ...

he again has to cop it on the chin?

Maybe not get paid his entitlements & his 2 weeks in lieu of notice?

I'd be making application to the FWC ... not necessarily to get the job back ... but to hit the bloke in the hip pocket(fines & costs)

and to get my entitlements paid and or a settlement.


Indeed.  Well said.

And, Mike might be eligible for more than 2 weeks notice.

It depends on his age and how long he's worked there:

1 year or less = 1 week
More than 1 year - 3 years = 2 weeks
More than 3 years - 5 years = 3 weeks
More than 5 years = 4 weeks

And, if he's over 45 years old, and has completed at least two years of service with the company, he's eligible for an additional week of notice.

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Re: I got the sac today
Reply #27 - Oct 11th, 2018 at 11:32am
 
aquascoot wrote on Oct 11th, 2018 at 7:10am:
lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.


Not always. My wife was recently involved in a car accident that was in no way her fault, as evidenced by the police report but the other driver's insurance company are not playing fair saying they are only going to pay 90% of the cost of repairing the collision and the medical bills. fək that. Tomorrow I am calling a personal injury lawyer.
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Re: I got the sac today
Reply #28 - Oct 11th, 2018 at 11:39am
 
AiA wrote on Oct 11th, 2018 at 11:32am:
aquascoot wrote on Oct 11th, 2018 at 7:10am:
lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.


Not always. My wife was recently involved in a car accident that was in no way her fault, as evidenced by the police report but the other driver's insurance company are not playing fair saying they are only going to pay 90% of the cost of repairing the collision and the medical bills. fək that. Tomorrow I am calling a personal injury lawyer.


Google contributory negligence.
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Re: I got the sac today
Reply #29 - Oct 11th, 2018 at 11:41am
 
Aussie wrote on Oct 11th, 2018 at 11:39am:
AiA wrote on Oct 11th, 2018 at 11:32am:
aquascoot wrote on Oct 11th, 2018 at 7:10am:
lawyers always encourage people to become a victim and to become resentful and to descend back into the muck.


Not always. My wife was recently involved in a car accident that was in no way her fault, as evidenced by the police report but the other driver's insurance company are not playing fair saying they are only going to pay 90% of the cost of repairing the collision and the medical bills. fək that. Tomorrow I am calling a personal injury lawyer.


Google contributory negligence.


I have already had legal advice, Aussie, but thanks.
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