That is a shame and sorry for your misfortune.
Do you know any one who works in HR?
If the organisation you work for has less than 100 employees employed then they pretty much can do what they like when it comes to dismissal.
The last goverment took alot of the rules and regulations out of the work place act, but they were and still are covered under the civil act.
An industrial lawyer would be the one to get your advice from. Unfortunately, you only being at the work place for 2years, leaves you diddly squat as a redundancy package (2weeks pay - if paid fortnightly, and any holiday pay and incentives that are owing) and with the lawyer costs almost not worth fighting for (if you earn more than I think $75,000 / year you will have to cover all costs, were if less than this there are goverment assistance). If your trade has a union, they can also be helpful with information, even if you are not a member.
Having employed people in the past and having had to dismiss them as well, I will play devils advocate. Firstly, whether you would admit it, is there any substance to what they are saying? Whilst there may not have been formal warnings in the past...have their been issues? I guess part of this is being honest with yourself. If after that, and you feel that you have been "fisted" for no reason and you can provide evidence to show that, then go for it through whatever means. If however there is some truth to behind what has happened, then maybe time to have a look in the mirror and look elsewhere. Naturally if someone gets fired they are the last person they look at for the blame, in most cases it is spot on. Then the people around the person are generally sympathetic as opposed to empathetic. All I am saying is if the shirt fits...wear it, if it doesn't, do something about it,i got the **** today from my place of work for the last 2 years . excuse was poor atitute and hard to make you work. yesterday i did 15 services at 1.1 hours alowed time each from 8am to 4 pm with a 10 min smoko and half hour lunch. no former warnings in the last 2 years emplyment have i been fisted or do i have something to fight? tomomrow im calling work choices or who ever the **** there called to see where i stand i may or may not have told my boss he is as soft as a pensioners turd.
Regards
Stevo
i understand what your saying here and yes i do have a poor atitude to young ******* i work with that should know better but this place seems to keep them on and keep paying them. as for them saying its hard to make me work well the results say other wise we get reports every month with our efficiency rateing and im over 90% month in month out after cracking out my emplye hand book it states in there i was spose to have too writen warnings ect not that it means **** it will be pointed out today and the fact that 4 brand new cars have been sold there to friends and family on the sole fact that i work there
if your employer employees less than 100 employees, no unfair dismissal claim possible, just unlawful which is dismissal for religious politicial racial union sexual harrasmment etc.
if 100 or more can lodge unfair dismissal
normal process for fair dismissal is where issue not serious misconduct a series of warnings been given 1 oral 1 written about issue before dismissal
what you described wouldn't meet fairness test, however if less than 100 employees don't matter you can't go anywhere with it
termination payments
termination wihtout notice being given for reasons other thans erous misconduct 2 weeks for 2 years service completed
unused annual leave entitlements must be paid out but not annual leave loading on termination
unused sick leave entitlements normally not paid out
as you were dimissed no redundancy payment payable
Sorry to hear mate i hope it works out for you , Stay away from stealers they pay crap and treat spanner dudes like dogs ,Which you are a tradesman and deserve better than what the dealers will give you , best of luck mate![]()
After asking your employer to reconsider and assuming no luck I would be making an appointment or sending in a submission the the new Workplace Relations Commission with a complaint - they are here in Canberra somewhere.
Garry
REMLR 243
2007 Range Rover Sport TDV6
1977 FC 101
1976 Jaguar XJ12C
1973 Haflinger AP700
1971 Jaguar V12 E-Type Series 3 Roadster
1957 Series 1 88"
1957 Series 1 88" Station Wagon
If the dealer employs less that 100 people then they are exempt from Unfair Dismissal provisions.
Go to the Workchoices Website for info.
Very sad - but there are plenty of jobs to those with trade qualifications.
Diana
You won't find me on: faceplant; Scipe; Infragam; LumpedIn; ShapCnat or Twitting. I'm just not that interesting.
I work in recruitment. My advise is consider your actions at this time before you actually do them. A future employer will want a reference from your last employer particularly as it was 2 years. If it ends up being a bad reference you can kiss your job opportunities good by.
Also once there is bad blood then you are only disrespecting your self going back there if they were to take you back or reconsider their actions.
Say "thank you for the 2 years and everything you have taught me. I felt it was time for a move soon anyway as I want to advance my career, all the best in the future, once I get over the initial shock I am sure I will hold no bad feelings. Oh by the way would you be happy to provide me with a reference that reflects my 2 years of good service to the company?"
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