T O P

  • By -

I_truly_am_FUBAR

I've consulted my crystal balls and I see you seeking jobs in the near future


ezpzjalapeno

Unfortunately it is a career limiting move, but you would not want to stay long term, at such a workplace with such poor policies in place. 100% send any emails back to your personal email. Include a quick timeline of when/what/result, and also summarise conversations that happened (transcripts). If you lose your job, report it asap to discuss your options, because a few rights expire after a few months.


lighteningboltt

21 days to be exact (this is to fairwork Victoria)


[deleted]

[удалено]


AutoModerator

Sorry, /u/Salt-Permission-8938. Your comment has been removed as your account does not meet our posting guidelines. Your account is required to have non-negative karma. Please contact the moderators via private message if you would like to be approved as an exception to this. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/auscorp) if you have any questions or concerns.*


discordantbiker

Payroll manager here - fairwork specifically has protections in place to prevent employers from acting negatively in regards to an employee seeking their entitlements. If you were to receive a reprisal/ performance management/ termination then your employer would not be acting in compliance with fairwork legislation. Make sure you document what happened, who was involved, and make sure it's in writing. If you do receive negative blowback, take the information to fairwork for investigation.


YoyBoy123

Hypothetically, what would happen if someone took their employer to fair work about retaliation? Would they just be told not to do it again or would there be some real benefit to the employee?


bigbadb0ogieman

Most likely nothing. Australia has a lot of regulations but mostly nil enforcement.


Parmenion87

Mediation, if it's not solved there it goes before a tribunal. It comes pretty quickly out if the employer knows they are fucked and will offer settlement during mediation. Might need to get a lawyer for support, and will likely lose 20-30% of the settlement if you go with one that is no win no fee. But, it can be worth it to know youll get somehting


ApathyApathyApathies

This is incorrect for the OP’s situation. General protections applications (which includes ones regarding retaliation for seeking entitlements) go straight to the Federal Court if the dispute isn’t resolved at conciliation negotiations. There is an option for referring the dispute to the Fair Work Commission (a tribunal, not a Court) for faster arbitration, but it requires mutual agreement of both sides, and employers almost never agree because the cost and time requirements of actual real litigation is enough to make playing a game of court-chicken a safe bet for employers. The silver lining is that you can get costs awarded from the FCA, which is basically impossible in the Fair Work Commission (by design, since it means that most broke applicants are scared into a mediocre settlement by the choice of sinking costs into representation that eats into any outcome, or self-represent. Overall, the system is not designed to produce just outcomes, and this comes from someone who works within it with experience on both sides of the employment relationship.


YoyBoy123

What’s a typical mediation? A percentage of salary lost or similar?


fandango237

Check out the fair work website and there are plenty of no win no fee employment lawyers around


Parmenion87

Depends what the specific complaint is. But yes generally you would figure out expected loss in wages and any other potential damages. I'm not a lawyer and only going off what I experienced.


Consistent-Stand1809

How is wage loss calculated? Is it calculated to the point you get your next job, for a set period of time or what?


fandango237

As he said above it depends in the situation. For instance I'm about to start a wage recovery action for unpaid overtime. I have the hours that I should've been paid and currently basing them off the pay rate at the time but I need to seek advice on that. The fair work website has a lot of information and small claims court is now a thing in Australia for damages up to $100 000. Also the FCFCOA website has excellently laid out guides on how to apply and what forms you need if if ever gets to that level.


Parmenion87

Yeah i decided not to follow my unpaid overtime because I wanted the organisation I was dealing with onside as I started contracting to them externally. But I had done wrongful dismissal a previous time with a different company and I calculated what my regular hours were for years and what they cut them down to over time to force me out and claimed the difference as damages.


Vendril

You don't need a hypothetical. General Protections are well documented. https://www.fwc.gov.au/job-loss-or-dismissal/dismissal-under-general-protections/about-general-protections/understand


smegblender

Do the unfair dismissal protections apply to folks above the high income threshold? It seems wild to me that such fundamental protections are taken away because of an arbitrary dollar value classed as high income (it's not even the too tax bracket) https://www.fwc.gov.au/high-income-threshold


ApathyApathyApathies

only if the employee is covered by a modern award or an enterprise agreement. If you’re award and agreement-free (e.g practically all managerial and executive roles), the government expects you to be able to handle your own affairs without the Commission’s help (e.g generous severance packages or common law action), on the basis that such employees are generally commercially sophisticated (or so the assumption goes).


smegblender

Thanks, mate. Appreciate the clarity on this. I'm not sure if I agree with the govt's justification as the power asymmetry between a non- executive employee vs. the organisation is simply insurmountable regardless of the individual's commercial sophistication.


ApathyApathyApathies

The Fair Work system more or less pretends power and information asymmetry doesn’t exist for all employees*. It’s nothing new. *it accounts for it sometimes on paper but in practice does very little to nothing to bridge the gap.


Carbonfiber482

Look up altering the position of the employee to the employees prejudice


VET-Mike

Nothing happens.


ApathyApathyApathies

a mediocre settlement of 1-2 weeks pay, and sometimes 2-4 if you’ve got really good documentation and suffered actual loss. If it actually makes it to arbitration (exceedingly rare), 6 weeks pay is the median for dismissal-related applications. It only gets much better if it’s a particularly absurd case where the employer has royally screwed up beyond all measure.


[deleted]

[удалено]


discordantbiker

https://www.fairwork.gov.au/employment-conditions/when-businesses-change-owners/employee-entitlements-on-a-transfer-of-business Per FairWork: "When there is a transfer of business a new employer has to recognise an employee's service with the old employer when working out most of their entitlements, including: sick and carer's leave requests for flexible working arrangements parental leave." If this is a substantial liability - it may be worth getting independent representation for the employees.


TrakssX

Lol it won't happen in that modality. Alot of that crap is very much out of touch with reality. It will likely happen in a passive aggressive way and accumulate it won't be substantial enough to bring up because they could plead ignorance. It's never this cut and dry type of action..


KoalaBJJ96

This is correct. Negative action of that kind is called adverse action - see sections 340 and 342 of the Fair Work Act.


SuccessfulOwl

It really depends on the size of the company and how personally your boss takes things. The larger the company, the less people care and the more your direct supervisor will just shrug at being corrected.


BoysenberryAlive2838

Who had the issue, HR/payroll or your manager? If it was HR, your manager likely doesn't care, or hopefully annoyed at HR and is supportive of you. If it's your manager, they are an arsehole, but doubt there will be much reprisal unless they are a psycho. My attitude to this would be I don't want to work for a company/manager like this. There are good places to work and good managers. Try and find one and once you do you will find life is so much better.


potatodrinker

Remind them in writing now, if the conversation wasnt logged so if they fire you you have paperwork to get compensation. "While this matter is adequately resolved at this time, I'd like get this in writing that (series of events) for potential future reference by myself or interested third parties." Cc your personal email so I can still access it if they terminate your work email. Sends a clear message to let this slide and not try retaliation.


Charlibrown5682

If you choose this route, Cc, in your personal email account so you don't need to go the freedom of information route


VET-Mike

FOI would be necessary regardless.


m0zz1e1

It depends. Is it a small business or a large one? My company just realised they had been breaching the award accidentally. Leadership have taken it on and are correcting it. No one is mad, it was a genuine mistake. If it’s a small business and that money is coming out of your managers pocket directly, they may be a bit pissed off.


TrakssX

In short, yes. There is a saying that encapsulates the thinking here succinctly "Choose your battles, carefully" The problem is your correct, the problem also is you are also correct in predicting you've now successfully attracted the eye of sauron. Not sure it's worth a days pay....but I would start looking for a new job.


Similar_Pipe4663

Don't think that cos of Fair Work Australia that I won't bully, harrass, or sack ya.


Asleep_Winner_5601

Hey I think you’re being overly worried. I’m not sure if the inconvenience you’ve caused by seeking to be paid a days wage is something anyone will remember in a week. Companies sometimes have policies that don’t perfectly align with legal requirements, it’s not that uncommon to find yourself pointing that kind of thing out. I saw the comment about why you took compassionate leave, I’m sorry. If anyone tried to make an issue out of that they would suffer tremendous reputation loss and no one would advise the company to make a big deal out of a situation like that.


Boring-Article7511

Reprisals for this sort of thing also violates Fairwork Australia rules.


Cr00kedeffingruler

Target sighted...


Leland-Gaunt-

So what was the reason for taking the day off?


ManyGamesYay

Compassionate Leave


Leland-Gaunt-

I’ve had this happen recently as well I’m so sorry. My employer has been great. What a bunch of cunts. Better off elsewhere anyway.


throw-away-traveller

Compassionate leave for what though?


ManyGamesYay

Death of a immediate family member


throw-away-traveller

First, sorry for you loss. Second, you might need to provide some proof as shitty as that is.


ManyGamesYay

I have provided proof to work already and have collected any and all documents I can to back it up


throw-away-traveller

Fairwork mediation is probably your next step. They can’t “retaliate” against you, but it’s incredibly hard to prove.


Mental_Task9156

They can “retaliate” against you and it will be incredibly hard to prove.


macmatrix

Look for another job, sounds a like shit work place I don’t put up with crap like that and I don’t ask for time off for that, I just take it and tell them (as the Mandalorian states! This is the way!! If the boss denied it I would say fuck them. Those bosses should be called out!! Job is just a job! There is a million better places to work! Death of a family member there is no excuse!!


howbouddat

He took the day off to attend little Cosette's funeral


calijays

I did the same and my hours were cut severely. But fk em! They shouldn’t get away with this shit.


cincinnatus_lq

Best get [reading](https://www.fwc.gov.au/benchbook/general-protections-benchbook), you're gonna need it


The-truth-hurts1

Companies always hate being reminded there are laws they technically need to follow.. Make sure you get everything in writing and follow up conversations with emails summarising them


Healthy-Link-4272

I had a mate who took a day off, after a long weekend, he was fired shortly after. He took them to fair work and after a 9 month debarkel and being jobless, was paid out for that 9 months and reinstated with his old job. When the employer put him under a supervisor and revoked his working from home rights, he told them that they were instructed to reinstate his old position, not a new one….


Chrollo-beats-Hisoka

In short - Yes


Chrollo-beats-Hisoka

Even if they are technically legally wrong it doesn't matter cos you will be informally retaliated against and it will lead you to want to look for a new job anyway. No one can be fucked taking each other to court/tribunals.


Enough_Standard921

If they’re smart, no it won’t have any reprisals. They may actually quietly thank you if you’ve exposed something that was an honest mistake in the policy. Of course if someone is a vindictive prick it might cause blowback.


grazer567

Just saying - I am a member of a trade union for this very reason. The collective is more powerful than the individual. In white collar most people think they are powerful as individuals. Which is precisely what they want you to think so they can screw you over one at a time


sezwabi

I had to do this recently, they made a mistake, I referred them to the legislation, they fixed it and we move on. There is absolutely no reason for you to be a target for one day of compassionate leave, unless it is just a bad workplace.


Consistent-Stand1809

Depending on the higher ups, some will see this as a problem solving success on your behalf Maybe a touch of gratitude won't go astray in ensuring that all the higher ups don't think poorly of you for it


rrfe

If you’re working for a company where correcting a policy that violates the law leads to them “thinking poorly of you” that’s a seriously shitty company. I’m not saying you’re wrong but I’m curious about what sorts of places would retaliate. Small companies?


PrestigiousFox6254

Maurice Blackburn


Bomb-Bunny

Sorry for your loss OP, and sorry that it was accompanied by having your rights at work treated so casually by your employer. A lot of replies are saying that you shouldn't bother to pursue anything if you are terminated or penalised in contravention of your rights later on. Those posters are right that those cases can be difficult, but those circumstances will never change if the law stays static, and action by plaintiffs and legislators is what changes standards of evidence and creates precedents. So consult a lawyer if and when those things happen, with a mind to pursuing action and know that if you do you can potentially be part of changing things for lots of people who are subject to retaliatory firings.


PenisyMile

My brother in Christ, you have the most beautiful blackmail over that company. They admitted to breaking fairwork laws as part of their company policy, I’d just be trying to get an email trail of that and then they have two options; give you a raise/positional title or deal with fairwork


superdood1267

No one likes a dobber


Wooden-Economics-892

Did you have a sickie and not provide appropriate evidence such as medical certificate or statutory declaration etc? Employers have the right to refuse personal/sick leave if you fail to meet this process. End of the day, chucking a sickie seems to be a favourite hobby for some people, employers have the right to refuse paid sick leave or annual leave to be used for such absences. https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave/notice-and-medical-certificates


jmccar15

Nothing in the post suggests it’s the scenario you proposed. And your sickies = hobby viewpoint can get in the bin.


ManyGamesYay

Compassionate Leave


Wooden-Economics-892

Compassionate leave is a protected worker right. Workers may need to provide evidence to clarify it was a legitimate claim for legitimate family member as per this definition. If they refuse to pay, advise them that they have breached the fair work act and may be forced to get this rectified by the fair work ombudsman. They will face significant fines for such a breaches. https://www.fairwork.gov.au/leave/compassionate-and-bereavement-leave


sushiape

They would be stupid to fire you or take any adverse action against you for that, because they would get themselves a general protections claim. https://www.fwc.gov.au/job-loss-or-dismissal/dismissal-under-general-protections/about-general-protections/understand


deimos

Why? There basically no downside to the business other than a small payout at worst.


MKUltra_reject69_2

Before you are made redundant, be sure to tell your work colleagues or send a company wide email what the company did and what the law expects. It will burn the already burnt bridge with your company, but will help your coworkers in the future. Before you are made redundant? Will happen sooner than expected...


VET-Mike

Welcome to Albo's workplace. Your employer can find many things to bring about misconduct allegations. They are investigator, judge and jury. Unfair dismissal under Albo is a poor system. If eligible, and that is a big if, the average payout is 6 weeks.


m_is_for_michael

R u ok? Wtf does this have to do with politics in the first place, and secondly in what alternate universe is Labor workplace relations more favorable to employers than the LNP's?


VET-Mike

Australian 'Labor' Party informs.


GeneralAutist

Why would you do that? Did you gain epeen points? Always support your employer. If you see something, look the other way.


ManyGamesYay

Why would a worker argue to be paid what they are legally owed? Must be a chronically online chud if you want to get paid