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Sacked By Heartless Store For Taking Sick Leave (Read 623 times)
whiteknight
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Sacked By Heartless Store For Taking Sick Leave
May 22nd, 2019 at 7:46am
 
'Extraordinarily heartless': Store sacks chef with cancer for taking sick leave   Sad


May 21, 2019
WA Today


A Sydney wholefoods store has been criticised by the Fair Work Commission for its "extraordinarily heartless" treatment of a chef it dismissed after he was absent for three days for cancer treatment.

Urban Orchard Food in Sydney's Circular Quay gave chef Chanintorn Siri three days sick leave when he was admitted to hospital with severe stomach pain related to his pancreatic cancer, but phoned to summarily dismiss him two days later, according to a commission judgment released on Tuesday.


A chef at a Sydney wholefoods store was summarily dismissed.

The judgment said Urban Orchard's owner Gabrielle Levette had told Mr Siri he was an unreliable employee and that she had offered his job to another cook.

She argued Urban Orchard had complied with the Small Business Fair Dismissal Code because it had "reasonable grounds" to believe Mr Siri engaged in ongoing conduct of fraudulently completing his timesheet.


Ms Levette complained Mr Siri had closed the store too early on one occasion, took regular sick leave for no reason and often started late.

However in the decision published on Tuesday the commission found Mr Siri had been unfairly dismissed.

    Extraordinarily heartless disregard for the personal circumstances of another human being who was suffering from pancreatic cancer.
   

"Although the applicant may have exhibited some level of what might be described as less than perfect work performance, conduct and capacity, these were not matters that jeopardised the ongoing employment," Commissioner Ian Cambridge said in the judgment. "The employer acted with callous and undue haste when it engaged a replacement employee."

Commissioner Cambridge said dismissing Mr Siri over the telephone was "plainly unjust, manifestly unreasonable, unnecessarily harsh, and in this case, unconscionably insensitive".

"This unnecessarily harsh approach was compounded by the extraordinarily heartless disregard for the personal circumstances of another human being who was suffering from pancreatic cancer."


Mr Siri had worked at Urban Orchard for just over two years and earned about $1000 a week, Commissioner Cambridge set compensation at $26,000, before reducing it by 20 per cent to factor in the "impact on the viability" of the business and deducting a further 10 per cent to allow for the likelihood of Mr Siri being absent on unpaid personal leave for a period after his dismissal.

Commissioner Cambridge ordered Urban Orchard to pay Mr Siri total compensation of $18,200.

Ms Levette told The Age and the Sydney Morning Herald she was very disappointed with the outcome and denied knowing about the chef's cancer.

"He imposed a judgment that will probably force us to liquidate our company and place 10 people out of work. The commissioner just paid no heed to how difficult it is to run a small business," she said.

Ms Levette said Urban Orchard would appeal the finding.

Lawyer Quang Nguyen represented Mr Siri and said the dismissal was not justified.

"Employers as a general principal under law are not entitled to dismiss summarily an employee on the spot to concoct a story to justify it," he said. "Summary dismissal is only allowed in exceptional circumstances such as dishonesty."
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cods
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #1 - May 22nd, 2019 at 9:06am
 
I wonder sometimes what this world is coming too..

to sack someone on sick leave is the pitts.. Angry
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PZ547
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #2 - May 22nd, 2019 at 9:14am
 
cods wrote on May 22nd, 2019 at 9:06am:
I wonder sometimes what this world is coming too..

to sack someone on sick leave is the pitts.. Angry



It's my belief that if you own the business, you call the shots

The business isn't being run for the benefit of employees, contrary to the beliefs of some

It's the owner who puts up the money, takes the risks.  And it's the owner who decides what's best for his business

According to this report, the owner should recognise that his rights are secondary or lower to those of the employee

in effect, the business is being expected to operate like an arm of the welfare industry

but, the owner didn't play his cards anywhere near smart enough

Should be an interesting work environment now at the restaurant


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cods
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #3 - May 22nd, 2019 at 9:22am
 
I dont agree someone with established health issues   should be sacked... sorry.... we all get sick   life is precarious enough   without fearing being sick.
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #4 - May 22nd, 2019 at 9:25am
 
Small businesses are mostly marginal and cannot afford such extra costs as paying a person on extended sick leave such a long leave for cancer treatment and hiring and paying another employee to perform the duties of the sick person.

Its time for an extended-sick-leave insurance scheme to be implemented like workers compensation with the payments being handled by Centrelink.
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cods
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #5 - May 22nd, 2019 at 9:31am
 
Laugh till you cry wrote on May 22nd, 2019 at 9:25am:
Small businesses are mostly marginal and cannot afford such extra costs as paying a person on extended sick leave such a long leave for cancer treatment and hiring and paying another employee to perform the duties of the sick person.

Its time for an extended-sick-leave insurance scheme to be implemented like workers compensation with the payments being handled by Centrelink.



what have other small business been doing all this time??? he wouldnt be the first employee to fall to this disease would he?... and we would have heard of mass sackings while on sick leave...

sorry this is Un Australian.its not good enough
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PZ547
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #6 - May 22nd, 2019 at 9:35am
 
cods wrote on May 22nd, 2019 at 9:22am:
I dont agree someone with established health issues   should be sacked... sorry.... we all get sick   life is precarious enough   without fearing being sick.


The business isn't a charity

The business has to turn a profit or it won't exist

An employee with a serious health condition is not an asset to the business, cannot offer reliability.  This places the owner under pressure to have a replacement on hand. Which isn't practical. No chef is going to hang around, unpaid, waiting for the phone call to fill in at a moment's notice.  So the owner would have to rely on temp appointments in the event the seriously ill employee has another sick call.  In the event the ill employee claims he needs another three/four/ten days off work, and in the event the owner cannot arrange an emergency temp worker, the business may be required to close.  That means loss of clientele and word would get around that businessX is 'always closed so let's book elsewhere to be sure'.  And to the question, 'What's going on with them -- why are they closing mid-week again', the response might be, 'Oh, their chef has cancer'.  Not a winning strategy for an eating establishment

however, the business owner must still pay the rent.  The business owner may have borrowed heavily or mortgaged their home for that business.  The business owner's own life, family, future, etc. is on the line every day in the volatile eating establishment industry. So huge stress placed on the business owner

Why would anyone put their own life and future on the line (and the future of members of their family) only to be at the mercy of employees?  It's why so many businesses close

unfortunately and maybe because of the cost, the business owner didn't seek legal advice and winged it, with the result being they are now held to ransom by an employee

if the business owner wants to sack someone in the future (that's if they still have a viable business) they'd be advised to seek legal advice on how to do so without blowback


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Sir Spot of Borg
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #7 - May 22nd, 2019 at 10:26am
 
PZ547 wrote on May 22nd, 2019 at 9:35am:
cods wrote on May 22nd, 2019 at 9:22am:
I dont agree someone with established health issues   should be sacked... sorry.... we all get sick   life is precarious enough   without fearing being sick.


The business isn't a charity

The business has to turn a profit or it won't exist

An employee with a serious health condition is not an asset to the business, cannot offer reliability.  This places the owner under pressure to have a replacement on hand. Which isn't practical. No chef is going to hang around, unpaid, waiting for the phone call to fill in at a moment's notice.  So the owner would have to rely on temp appointments in the event the seriously ill employee has another sick call.  In the event the ill employee claims he needs another three/four/ten days off work, and in the event the owner cannot arrange an emergency temp worker, the business may be required to close.  That means loss of clientele and word would get around that businessX is 'always closed so let's book elsewhere to be sure'.  And to the question, 'What's going on with them -- why are they closing mid-week again', the response might be, 'Oh, their chef has cancer'.  Not a winning strategy for an eating establishment

however, the business owner must still pay the rent.  The business owner may have borrowed heavily or mortgaged their home for that business.  The business owner's own life, family, future, etc. is on the line every day in the volatile eating establishment industry. So huge stress placed on the business owner

Why would anyone put their own life and future on the line (and the future of members of their family) only to be at the mercy of employees?  It's why so many businesses close

unfortunately and maybe because of the cost, the business owner didn't seek legal advice and winged it, with the result being they are now held to ransom by an employee

if the business owner wants to sack someone in the future (that's if they still have a viable business) they'd be advised to seek legal advice on how to do so without blowback




He hired the guy and knew he had cancer

Spot
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Sir lastnail
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #8 - May 22nd, 2019 at 12:12pm
 
cods wrote on May 22nd, 2019 at 9:06am:
I wonder sometimes what this world is coming too..

to sack someone on sick leave is the pitts.. Angry


That business is probably run by an LNP supporter. That's the sort of thing they would do Sad
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #9 - May 22nd, 2019 at 12:14pm
 
Sir lastnail wrote on May 22nd, 2019 at 12:12pm:
cods wrote on May 22nd, 2019 at 9:06am:
I wonder sometimes what this world is coming too..

to sack someone on sick leave is the pitts.. Angry


That business is probably run by an LNP supporter. That's the sort of thing they would do Sad


Juliar's restaurant?
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PZ547
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #10 - May 22nd, 2019 at 1:59pm
 
Sir Spot of Borg wrote on May 22nd, 2019 at 10:26am:
PZ547 wrote on May 22nd, 2019 at 9:35am:
cods wrote on May 22nd, 2019 at 9:22am:
I dont agree someone with established health issues   should be sacked... sorry.... we all get sick   life is precarious enough   without fearing being sick.


The business isn't a charity

The business has to turn a profit or it won't exist

An employee with a serious health condition is not an asset to the business, cannot offer reliability.  This places the owner under pressure to have a replacement on hand. Which isn't practical. No chef is going to hang around, unpaid, waiting for the phone call to fill in at a moment's notice.  So the owner would have to rely on temp appointments in the event the seriously ill employee has another sick call.  In the event the ill employee claims he needs another three/four/ten days off work, and in the event the owner cannot arrange an emergency temp worker, the business may be required to close.  That means loss of clientele and word would get around that businessX is 'always closed so let's book elsewhere to be sure'.  And to the question, 'What's going on with them -- why are they closing mid-week again', the response might be, 'Oh, their chef has cancer'.  Not a winning strategy for an eating establishment

however, the business owner must still pay the rent.  The business owner may have borrowed heavily or mortgaged their home for that business.  The business owner's own life, family, future, etc. is on the line every day in the volatile eating establishment industry. So huge stress placed on the business owner

Why would anyone put their own life and future on the line (and the future of members of their family) only to be at the mercy of employees?  It's why so many businesses close

unfortunately and maybe because of the cost, the business owner didn't seek legal advice and winged it, with the result being they are now held to ransom by an employee

if the business owner wants to sack someone in the future (that's if they still have a viable business) they'd be advised to seek legal advice on how to do so without blowback




He hired the guy and knew he had cancer

Spot



where does it say that?
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cods
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #11 - May 22nd, 2019 at 2:25pm
 
Sir lastnail wrote on May 22nd, 2019 at 12:12pm:
cods wrote on May 22nd, 2019 at 9:06am:
I wonder sometimes what this world is coming too..

to sack someone on sick leave is the pitts.. Angry


That business is probably run by an LNP supporter. That's the sort of thing they would do Sad



its the sort of thing a bitter old coot like you would say.
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John Smith
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #12 - May 22nd, 2019 at 3:35pm
 
whiteknight wrote on May 22nd, 2019 at 7:46am:
Urban Orchard's owner Gabrielle Levette



muslim?
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Our esteemed leader:

I hope that bitch who was running their brothels for them gets raped with a cactus.
 
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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #13 - May 22nd, 2019 at 4:02pm
 
Regular sickies.
Closing the doors early and billing the timesheet late.
Can't get to work on time.
Sounds like Karma got him.
Definitely not a good employee by the sounds of it. Good employees don't get sacked for 3 days off.

I can see where the employer went wrong.
The employee has to be written up when they are not complying with company policy.

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Re: Sacked By Heartless Store For Taking Sick Leave
Reply #14 - May 22nd, 2019 at 4:42pm
 
Im not buying into this bullshit,, More to this than the opening post, This is a f@rkin union beat up
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