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I got the sac today (Read 8971 times)
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Re: I got the sac today
Reply #30 - Oct 11th, 2018 at 11:42am
 
Was it to take the offer?
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Re: I got the sac today
Reply #31 - Oct 11th, 2018 at 1:22pm
 
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.


That, my son, is how rapacious 'business' has become in this once-great nation - like so many others these days, they assume they can simply dictate to others because they have the money and can do whatever they like .....

Grease the guillotines, Igor.....
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Re: I got the sac today
Reply #32 - Oct 11th, 2018 at 3:42pm
 
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..




I believe that if an employer sacks a health & safety officer for
doing his job honestly, that an offence has been committed.
The employer could be charged with something.
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Re: I got the sac today
Reply #33 - Oct 11th, 2018 at 4:55pm
 
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.


You could also consider it to be taking the front foot full of confidence to ensure that they learn the lesson and to prevent it happening to someone less well equipt.

If you let the bstds get away with it they will just keep on doing it.
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cods
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Re: I got the sac today
Reply #34 - Oct 11th, 2018 at 5:42pm
 
aquascoot wrote on 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




aquas   do you spend Sunday in the pulpit by any chance?

it doesnt sound as if you have been out looking for work in recent times....

it isnt that easy....mike has had it tough...and he is an educated bloke.... and you telling him he should have got out because he is now considered deceitful...what the??>

you have no idea what he has gone through....he is also a family man....probably with bills to pay like most.....its not so bloody easy to up and find another job in 2018.....


.Bobby. wrote on Oct 11th, 2018 at 3:42pm:
I believe that if an employer sacks a health & safety officer for
doing his job honestly, that an offence has been committed.
The employer could be charged with something.


you may have a point bobby   if not,it should be one....

why employ a safety officer   if you ignore his advice???  and sack him because he does what he is employed to do...

I think greg would be up to the minute on this..

so I would listen to him...
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Re: I got the sac today
Reply #35 - Oct 11th, 2018 at 5:46pm
 
bugger me!

Quote:
it isnt that easy....mike has had it tough...and he is an educated bloke.... and you telling him he should have got out because he is now considered deceitful...what the??>

you have no idea what he has gone through....he is also a family man....probably with bills to pay like most.....its not so bloody easy to up and find another job in 2018.....


You just have no bridle on you, do you.

Gawd.

The Rules here are just worthless.
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Re: I got the sac today
Reply #36 - Oct 11th, 2018 at 6:08pm
 
Mike hasn't given any info as to circumstances so we have no idea of how he's been treated on dismissal but Gregg is right in his advice.

If your job is a safety officer in Au and you don't do your job you may well find yourself before the coroner's court if someone dies and be faced with legal action.

Aqua is telling us that to be an alpha we must leave the scene with our tails between our legs like a kicked dog. If you do that, you let everyone else that works there down.

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miketrees
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Re: I got the sac today
Reply #37 - Oct 11th, 2018 at 6:22pm
 


I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.
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Cu Chulainn
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Re: I got the sac today
Reply #38 - Oct 11th, 2018 at 6:27pm
 
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.


Grab what you can then, when that's over, report him to the Union for safety breaches, you were safety officer, they will listen to you. Don't let others be victims to his greed over the welfare of his workers.

It was good to see cods on the Union's side for once.
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Re: I got the sac today
Reply #39 - Oct 11th, 2018 at 6:28pm
 
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.




The problem would be to prove your allegation that
you were sacked due to an honest health & safety report.
He would deny that and make
up all sorts of lies as to why you were sacked -
and yes - he would commit perjury to do so -
but he'd get a way with it -
if he was a good actor in court.
It happens every minute of every court day.
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Re: I got the sac today
Reply #40 - Oct 11th, 2018 at 6:31pm
 
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.


Have I read that right?  You have been there for six months?  If so, I wonder why your predecessors left?
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Cu Chulainn
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Re: I got the sac today
Reply #41 - Oct 11th, 2018 at 6:31pm
 
Bobby. wrote on Oct 11th, 2018 at 6:28pm:
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.




The problem would be to prove your allegation that
you were sacked due to an honest health & safety report.
He would deny that and make
up all sorts of lies as to why you were sacked -
and yes - he would commit perjury to do so -
but he'd get a way with it -
if he was a good actor in court.
It happens every minute of every court day.


There is a 6 month period where unfair dismissal does not apply.
Quote:
Minimum employment period
Employees have to be employed for at least 6 months before they can apply for unfair dismissal.
https://www.fairwork.gov.au/ending-employment/unfair-dismissal


What he can do is notify the relevant Union of the safety breaches after he has received his pay and I would encourage him to do that.
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Bobby.
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Re: I got the sac today
Reply #42 - Oct 11th, 2018 at 6:36pm
 
Cu Chulainn wrote on Oct 11th, 2018 at 6:31pm:
Bobby. wrote on Oct 11th, 2018 at 6:28pm:
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.




The problem would be to prove your allegation that
you were sacked due to an honest health & safety report.
He would deny that and make
up all sorts of lies as to why you were sacked -
and yes - he would commit perjury to do so -
but he'd get a way with it -
if he was a good actor in court.
It happens every minute of every court day.


There is a 6 month period where unfair dismissal does not apply.
Quote:
Minimum employment period
Employees have to be employed for at least 6 months before they can apply for unfair dismissal.
https://www.fairwork.gov.au/ending-employment/unfair-dismissal



It's still absolutely illegal to sack someone due to them
writing a health & safety report that the employer doesn't like.
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Re: I got the sac today
Reply #43 - Oct 11th, 2018 at 6:40pm
 
Bobby. wrote on Oct 11th, 2018 at 6:36pm:
Cu Chulainn wrote on Oct 11th, 2018 at 6:31pm:
Bobby. wrote on Oct 11th, 2018 at 6:28pm:
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.




The problem would be to prove your allegation that
you were sacked due to an honest health & safety report.
He would deny that and make
up all sorts of lies as to why you were sacked -
and yes - he would commit perjury to do so -
but he'd get a way with it -
if he was a good actor in court.
It happens every minute of every court day.


There is a 6 month period where unfair dismissal does not apply.
Quote:
Minimum employment period
Employees have to be employed for at least 6 months before they can apply for unfair dismissal.
https://www.fairwork.gov.au/ending-employment/unfair-dismissal



It's still absolutely illegal to sack someone due to them
writing a health & safety report that the employer doesn't like.


He should get his entitlements first, then put it in the hands of the relevant Union. The Union will do the work.
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Bobby.
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Re: I got the sac today
Reply #44 - Oct 11th, 2018 at 6:46pm
 
Cu Chulainn wrote on Oct 11th, 2018 at 6:40pm:
Bobby. wrote on Oct 11th, 2018 at 6:36pm:
Cu Chulainn wrote on Oct 11th, 2018 at 6:31pm:
Bobby. wrote on Oct 11th, 2018 at 6:28pm:
miketrees wrote on Oct 11th, 2018 at 6:22pm:
I checked with my lawyer.

Not much can be done.

I would not do a thing legal wise unless I had an iron clad guarantee.

It appears in Australia the boss can arse rape you inside 6 months with no fear of retribution.

There could be something under general protections but I have not got the will to go through that stuff.

I know the boss lied and cheated, I know he has a huge problem just around the corner.

I feel so good being out of there and I have applied for some interesting jobs.

Just going to get my money before I light any fire tho.

I will keep you posted.




The problem would be to prove your allegation that
you were sacked due to an honest health & safety report.
He would deny that and make
up all sorts of lies as to why you were sacked -
and yes - he would commit perjury to do so -
but he'd get a way with it -
if he was a good actor in court.
It happens every minute of every court day.


There is a 6 month period where unfair dismissal does not apply.
Quote:
Minimum employment period
Employees have to be employed for at least 6 months before they can apply for unfair dismissal.
https://www.fairwork.gov.au/ending-employment/unfair-dismissal



It's still absolutely illegal to sack someone due to them
writing a health & safety report that the employer doesn't like.


He should get his entitlements first, then put it in the hands of the relevant Union. The Union will do the work.



I agree.
But once again it will be hard to prove in court -
employers are fantastic liars.
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