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I got the sac today (Read 3424 times)
Cu Chullain
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Re: I got the sac today
Reply #45 - Oct 11th, 2018 at 6:49pm
 
Bobby wrote on Oct 11th, 2018 at 6:46pm:
Cu Chullain wrote on Oct 11th, 2018 at 6:40pm:
Bobby wrote on Oct 11th, 2018 at 6:36pm:
Cu Chullain 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.


The Union will check the machinery, it won't lie.
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miketrees
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Re: I got the sac today
Reply #46 - Oct 11th, 2018 at 6:51pm
 
It's still absolutely illegal to sack someone due to them
writing a health & safety report that the employer doesn't like.


The lawyer was very specific on this, she asked had I made a complaint about safety.

I said no, but I had outlined the deficiencies in a report and an internal audit.

Thats not good enough, I had to have made a complaint outside the normal procedures.

That would have had me sacked even earlier, and yelled at and abused for good measure
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Cu Chullain
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Re: I got the sac today
Reply #47 - Oct 11th, 2018 at 6:54pm
 
miketrees wrote on Oct 11th, 2018 at 6:51pm:
It's still absolutely illegal to sack someone due to them
writing a health & safety report that the employer doesn't like.


The lawyer was very specific on this, she asked had I made a complaint about safety.

I said no, but I had outlined the deficiencies in a report and an internal audit.

Thats not good enough, I had to have made a complaint outside the normal procedures.

That would have had me sacked even earlier, and yelled at and abused for good measure


You are where you are now Mike, so take it from here. No point in looking back, decide what you will do and move on it.
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Dnarever
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Re: I got the sac today
Reply #48 - Oct 11th, 2018 at 6:54pm
 
Cu Chullain 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


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.


If the reason for termination can be proven as stated then it isn't an unfair dismissal it is an illegal termination which does not have the time limit.

As has been stated if the employer has not done something stupid it would be impossible to prove.
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Fuzzball
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Re: I got the sac today
Reply #49 - Oct 11th, 2018 at 7:09pm
 
Before taking any action, you might want to keep in mind a future employer's HR would no doubt ask why you left your previous employer. Casting a shadow over your last position may very well preclude you from being successful elsewhere.......?

Think carefully, six months is barely a probationary period, and keyboard 'experts' don't have to find another job in your field of expertise.......
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Life's Journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting,
"Holy Sh!t ... What a Ride!"
 
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Cu Chullain
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Re: I got the sac today
Reply #50 - Oct 11th, 2018 at 7:29pm
 
Fuzzball wrote on Oct 11th, 2018 at 7:09pm:
Before taking any action, you might want to keep in mind a future employer's HR would no doubt ask why you left your previous employer. Casting a shadow over your last position may very well preclude you from being successful elsewhere.......?

Think carefully, six months is barely a probationary period, and keyboard 'experts' don't have to find another job in your field of expertise.......


Seriously? He's already been sacked. What he does after is irrelevant. Put it into the hands of the Union and let them deal with the safety issues so no-one is put at risk.
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Dnarever
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Re: I got the sac today
Reply #51 - Oct 11th, 2018 at 7:32pm
 
Fuzzball wrote on Oct 11th, 2018 at 7:09pm:
Before taking any action, you might want to keep in mind a future employer's HR would no doubt ask why you left your previous employer. Casting a shadow over your last position may very well preclude you from being successful elsewhere.......?

Think carefully, six months is barely a probationary period, and keyboard 'experts' don't have to find another job in your field of expertise.......


That is not changed by the current position when asked the same question. Irrespective of taking action the answer is the same and if the previous employer is questioned then the outcome is still likely the same.
Probably better if you can show that you were in fact in the right and it is the previous employer who can not be trusted.

When asked why you left the previous employer a rather generic open ended answer is normally expected and likely true.

After all the previous employer will have provided some bull Shite reason which is very usable with new employers.
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xeej
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Re: I got the sac today
Reply #52 - Oct 11th, 2018 at 7:59pm
 
Get over it and move on, think outside of the square because there are a lot of opportunities out there, there are backpackers earning three grand a week in this country.
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Cu Chullain
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Re: I got the sac today
Reply #53 - Oct 11th, 2018 at 8:29pm
 
xeej wrote on Oct 11th, 2018 at 7:59pm:
Get over it and move on, think outside of the square because there are a lot of opportunities out there, there are backpackers earning three grand a week in this country.


Sure, let the backpackers work in unsafe conditions, you know they are covered as much as Australians by workplace safety, don't you? Why are you championing unsafe workplaces? I hope you're not a business owner xeej.



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xeej
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Re: I got the sac today
Reply #54 - Oct 11th, 2018 at 8:47pm
 
Cu Chullain wrote on Oct 11th, 2018 at 8:29pm:
xeej wrote on Oct 11th, 2018 at 7:59pm:
Get over it and move on, think outside of the square because there are a lot of opportunities out there, there are backpackers earning three grand a week in this country.


Sure, let the backpackers work in unsafe conditions, you know they are covered as much as Australians by workplace safety, don't you? Why are you championing unsafe workplaces? I hope you're not a business owner xeej.




These backpackers I speak of are working alongside tradesmen in country areas to satisfy working visa points. The solar farms being built are employing many and no shonky business. Google backpackers solar farms.
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Cu Chullain
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Re: I got the sac today
Reply #55 - Oct 11th, 2018 at 8:54pm
 
xeej wrote on Oct 11th, 2018 at 8:47pm:
Cu Chullain wrote on Oct 11th, 2018 at 8:29pm:
xeej wrote on Oct 11th, 2018 at 7:59pm:
Get over it and move on, think outside of the square because there are a lot of opportunities out there, there are backpackers earning three grand a week in this country.


Sure, let the backpackers work in unsafe conditions, you know they are covered as much as Australians by workplace safety, don't you? Why are you championing unsafe workplaces? I hope you're not a business owner xeej.




These backpackers I speak of are working alongside tradesmen in country areas to satisfy working visa points. The solar farms being built are employing many and no shonky business. Google backpackers solar farms.


So are the backpackers at fault or the employers? One group is doing what they need to do by government regulation, the other are exploiting people for their own benefit.

I've met quite a few blueberry pickers here that get paid less an hour than you pay for a punnet of blueberries. All seemed good people and most were European. They are rightfully angry when they come back from the supermarket and see what they are sold for.
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Fuzzball
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Re: I got the sac today
Reply #56 - Oct 11th, 2018 at 8:57pm
 
Cu Chullain wrote on Oct 11th, 2018 at 7:29pm:
Fuzzball wrote on Oct 11th, 2018 at 7:09pm:
Before taking any action, you might want to keep in mind a future employer's HR would no doubt ask why you left your previous employer. Casting a shadow over your last position may very well preclude you from being successful elsewhere.......?

Think carefully, six months is barely a probationary period, and keyboard 'experts' don't have to find another job in your field of expertise.......


Seriously? He's already been sacked. What he does after is irrelevant. Put it into the hands of the Union and let them deal with the safety issues so no-one is put at risk.


What he does after is VERY relevant to him and his family, you may not give a cr@p about his future, but I'm sure he does.

As I said, keyboard experts are not in your situation. At the end of the day, it's you who has to support your family, not them.
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Life's Journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting,
"Holy Sh!t ... What a Ride!"
 
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Cu Chullain
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Re: I got the sac today
Reply #57 - Oct 11th, 2018 at 9:00pm
 
Fuzzball wrote on Oct 11th, 2018 at 8:57pm:
Cu Chullain wrote on Oct 11th, 2018 at 7:29pm:
Fuzzball wrote on Oct 11th, 2018 at 7:09pm:
Before taking any action, you might want to keep in mind a future employer's HR would no doubt ask why you left your previous employer. Casting a shadow over your last position may very well preclude you from being successful elsewhere.......?

Think carefully, six months is barely a probationary period, and keyboard 'experts' don't have to find another job in your field of expertise.......


Seriously? He's already been sacked. What he does after is irrelevant. Put it into the hands of the Union and let them deal with the safety issues so no-one is put at risk.


What he does after is VERY relevant to him and his family, you may not give a cr@p about his future, but I'm sure he does.

As I said, keyboard experts are not in your situation. At the end of the day, it's you who has to support your family, not them.


Don't you think you should explain your position then Fuzz? You're not another "boss" that want's to intimidate not only workers but ex-workers are you?

What is the problem in revealing the truth? Should one be persecuted for it?


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« Last Edit: Oct 11th, 2018 at 9:13pm by Cu Chullain »  
 
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The Mechanic
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Re: I got the sac today
Reply #58 - Oct 11th, 2018 at 9:11pm
 
#walkaway.........

stop wasting your time and effort... it'll only make you negative as Ascoot as said..

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Q
 
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xeej
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Re: I got the sac today
Reply #59 - Oct 11th, 2018 at 9:14pm
 
Cu Chullain wrote on Oct 11th, 2018 at 8:54pm:
xeej wrote on Oct 11th, 2018 at 8:47pm:
Cu Chullain wrote on Oct 11th, 2018 at 8:29pm:
xeej wrote on Oct 11th, 2018 at 7:59pm:
Get over it and move on, think outside of the square because there are a lot of opportunities out there, there are backpackers earning three grand a week in this country.


Sure, let the backpackers work in unsafe conditions, you know they are covered as much as Australians by workplace safety, don't you? Why are you championing unsafe workplaces? I hope you're not a business owner xeej.




These backpackers I speak of are working alongside tradesmen in country areas to satisfy working visa points. The solar farms being built are employing many and no shonky business. Google backpackers solar farms.


So are the backpackers at fault or the employers? One group is doing what they need to do by government regulation, the other are exploiting people for their own benefit.

I've met quite a few blueberry pickers here that get paid less an hour than you pay for a punnet of blueberries. All seemed good people and most were European. They are rightfully angry when they come back from the supermarket and see what they are sold for.

Nobody is at fault in the example I just gave, the backpackers get their points with all OHS regulations and pay conditions adhered to, $150,000 per year!
Fruit picking has always been hard work for very little and open to rip offs.
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