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I got the sac today (Read 3455 times)
miketrees
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Re: I got the sac today
Reply #75 - Oct 12th, 2018 at 8:50am
 
Mike could do as you advise and leave people in danger and not give a rat's but I would never want someone like that to have my back.

This is the part that tearing me.

I decided to stay working at first to try and fix the safety problem within, however now that is not possible.

So I do have a responsibility to do something.

I got a threatening letter from my ex employers lawyer this morning to add some extra dimension to this dilemma.
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Dnarever
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Re: I got the sac today
Reply #76 - Oct 12th, 2018 at 9:06am
 
Best of Luck Mike

At least you only have 6 months invested in this situation which should be easy enough to walk away from.

IMO it would be enough to give the union a copy of the report in question and walk away - job done.

You could also give the union a copy of the legal correspondence to see if they could make any use of it.

I have been in a situation where I took this path completely different perimeters but found it to be counter productive in the end. While I squeezed a few $ out of the company the toll I paid was significant, among other things it impacted my sleep and health as well as preventing me from moving forward for well over 6 months.

From the companies point it was just another opportunity to be dishonest and nasty, in the end it was water off a ducks back to them. They knew all along that they had done the wrong thing and were as pleased as punch about it.
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cods
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Re: I got the sac today
Reply #77 - Oct 12th, 2018 at 9:52am
 
miketrees wrote on Oct 12th, 2018 at 8:50am:
Mike could do as you advise and leave people in danger and not give a rat's but I would never want someone like that to have my back.

This is the part that tearing me.

I decided to stay working at first to try and fix the safety problem within, however now that is not possible.

So I do have a responsibility to do something.

I got a threatening letter from my ex employers lawyer this morning to add some extra dimension to this dilemma.



very ominous!!...  it sounds like they have something to hide mike..

be very careful!! you have legal advice let them handle it....its a bit unusual for them to send a legal letter so soon dont you think?.....

whatever write everything down thats happened....names and dates if you have them...
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miketrees
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Re: I got the sac today
Reply #78 - Oct 12th, 2018 at 11:09am
 
I have just contacted Worksafe. (not given up the name of the company yet)

I need to know if the company has any right to try and enforce their confidentiality clause.

I cant see that they can, but they will use this as an excuse not to pay,,, then that would be a civil matter and they know people will not use lawyers.

I want to know if Worksafe has any protections for people who blow the whistle.

The company failed to report a reportable incident to worksafe.

To protect myself I forwarded the email to my home email where I had advised one of the directors that they needed to report the incident. (open fracture to the leg).
The company has seen that I have forwarded that email on.
I also sent to myself a copy of my reports, which were spot on detailing the deficiencies in their safety management and pointing out who has responsibility.

The company managers were all of the view that as I was the safety manager it was my job to ensure safety.
I do have responsibility, however the managers kept me in the dark about the work they were doing, I did not get a chance to get into the field to check
When I did do site inspections I found some appalling safety failures.
One site I visited one woman worker looked like a Smurf covered in blue dye form the glyphosate mix, no PPE provided.
That was on the very morning the news of that huge compensation case in the US was in our newspapers.

The manager of course thought that it was my job to fix it.

I had no budget, never knew what jobs they were doing, never knew where to find them working.
Any time I asked the managers were very evasive and discouraged me from visiting sites.
I knew they would know this, but I had to cover myself
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cods
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Re: I got the sac today
Reply #79 - Oct 12th, 2018 at 12:13pm
 
I would think your job wa to advice management what THEY MUST DO.to make their workplace safe to work in..

they are the ones with the tools and budget... are they not...

I have never heard of any work safety employee turning off machinery  shall we say....  and stopping a whole production  line..... Roll Eyes

these"management"  folks are also responsible for poisoning the waterways all over the world....it comes from the TOP..

did you have a contract mike??...sometimes they get you with that one as well.....it is after all crafted by the company for the company..

you are pretty brave mike  I guess as you get older you get stronger...and well done to you....

do we have any Erin Brockovichs  in this country...???


she gets the attention....
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xeej
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Re: I got the sac today
Reply #80 - Oct 12th, 2018 at 12:27pm
 
cods wrote on Oct 12th, 2018 at 12:13pm:
I would think your job wa to advice management what THEY MUST DO.to make their workplace safe to work in..

they are the ones with the tools and budget... are they not...

I have never heard of any work safety employee turning off machinery  shall we say....  and stopping a whole production  line..... Roll Eyes

these"management"  folks are also responsible for poisoning the waterways all over the world....it comes from the TOP..

did you have a contract mike??...sometimes they get you with that one as well.....it is after all crafted by the company for the company..

you are pretty brave mike  I guess as you get older you get stronger...and well done to you....

do we have any Erin Brockovichs  in this country...???


she gets the attention....

If there was a problem that he was aware of and he didn't get it shut down then he could probably get done for negligence. Safety officers get paid to do a job.
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miketrees
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Re: I got the sac today
Reply #81 - Oct 12th, 2018 at 12:35pm
 
If there was a problem that he was aware of and he didn't get it shut down then he could probably get done for negligence. Safety officers get paid to do a job.


I had contacted worksafe earlier.

They said as long as I had notified the boss I was in the clear.

I had to send that email to my home email to keep proof

Thats what has made them send a threatening letter from their lawyer.

I think they have overstepped the mark on this account.

But I need the backing of worksafe in writing
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xeej
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Re: I got the sac today
Reply #82 - Oct 12th, 2018 at 12:42pm
 
miketrees wrote on Oct 12th, 2018 at 12:35pm:
If there was a problem that he was aware of and he didn't get it shut down then he could probably get done for negligence. Safety officers get paid to do a job.


I had contacted worksafe earlier.

They said as long as I had notified the boss I was in the clear.

I had to send that email to my home email to keep proof

Thats what has made them send a threatening letter from their lawyer.

I think they have overstepped the mark on this account.

But I need the backing of worksafe in writing

I am surprised work safe have not investigated if a formal complaint has been made from a safety officer.
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xeej
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Re: I got the sac today
Reply #83 - Oct 12th, 2018 at 12:49pm
 
If an accident happens now after you have informed work safe of a problem then they would be negligent.
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miketrees
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Re: I got the sac today
Reply #84 - Oct 12th, 2018 at 1:11pm
 


I was told not to notify worksafe by my boss.

I have now notified worksafe.
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Re: I got the sac today
Reply #85 - Oct 12th, 2018 at 1:51pm
 
Irrespective of what your 'boss' instructs you to do, isn't there a legal requirement for a Health & Safety Officer to report any and all problems which would have a detrimental affect on the health and safety of employees to Worksafe?
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red baron
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Re: I got the sac today
Reply #86 - Oct 12th, 2018 at 2:50pm
 
One door closes another one opens. The universe is telling you it's time to on
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Dnarever
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Re: I got the sac today
Reply #87 - Oct 12th, 2018 at 3:02pm
 
miketrees wrote on Oct 12th, 2018 at 11:09am:
I have just contacted Worksafe. (not given up the name of the company yet)

I need to know if the company has any right to try and enforce their confidentiality clause.

I cant see that they can, but they will use this as an excuse not to pay,,, then that would be a civil matter and they know people will not use lawyers.

I want to know if Worksafe has any protections for people who blow the whistle.

The company failed to report a reportable incident to worksafe.

To protect myself I forwarded the email to my home email where I had advised one of the directors that they needed to report the incident. (open fracture to the leg).
The company has seen that I have forwarded that email on.
I also sent to myself a copy of my reports, which were spot on detailing the deficiencies in their safety management and pointing out who has responsibility.

The company managers were all of the view that as I was the safety manager it was my job to ensure safety.
I do have responsibility, however the managers kept me in the dark about the work they were doing, I did not get a chance to get into the field to check
When I did do site inspections I found some appalling safety failures.
One site I visited one woman worker looked like a Smurf covered in blue dye form the glyphosate mix, no PPE provided.
That was on the very morning the news of that huge compensation case in the US was in our newspapers.

The manager of course thought that it was my job to fix it.

I had no budget, never knew what jobs they were doing, never knew where to find them working.
Any time I asked the managers were very evasive and discouraged me from visiting sites.
I knew they would know this, but I had to cover myself


Quote:
need to know if the company has any right to try and enforce their confidentiality clause.


They do if you signed a confidentiality agreement when you joined the company or when you left it. Also possibly if you agreed to their policies in writing and it is listed as a company policy that you were made aware of.

It may not be legal for this to cover safety issues or illegal activity.
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cods
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Re: I got the sac today
Reply #88 - Oct 12th, 2018 at 4:17pm
 
I doubt they would have had their lawyers contact Mike...
unless he had some damaging knowledge of their work ethics....in the mean time Mike lets hope no one is injured because they chose to sack you..
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cods
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Re: I got the sac today
Reply #89 - Oct 12th, 2018 at 4:27pm
 
Cu Chullain wrote on Oct 11th, 2018 at 9:33pm:
cods wrote on Oct 11th, 2018 at 9:21pm:
I am on mikes side....or any worker whos sacked.....unfairly......good luck mike with your next adventure..


Without the Unions you pay out on, he/we would be cat meat left out in the open.




a lot has changed since the bad old days.....

tell me cu    what you claim we all get thanks to Unions..

why are they of all people not up to this business that mike was working for..

an unsafe work environment???.....




to me.. why do you have to belong to a UNION   for them to step in....when someones life  is at stake.???......

surely if a business employs a safe work officer......then the unions would do themselves a favour by being involved........

it sounds like a toxic ingredient is used there....that workers are not advised about...


seems to me   the Unions dont give a shite about you unless you join.....

isnt that a bit like saying..

well you didnt vote for this govt so you get none of the hand outs...

unions cant talk the talk about safety sanctimoniously .. when they turn a blind eye...
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