Just got put on casual.....

[ANDY_M]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

[MudRunnerTD]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

That is Good. Not a Chance mate!!! if you were in a little 2 or 3 man show then it gets a little tougher. a company that size will pay the price mate. Good luck.

[krbrooking]

Like everyone above said mate they have no right doing what they have done at all. All you have to do is call fair work trading or the ombudsman and give them the details of what has gone down and they will take the matter further and deal with them accordingly. You will prob be given the option of mediation between you,them and the ombudsman or outright prosecution. The time you had off and/or would have been having off would/could fall under stress leave or something of the like.

On another note I believe EVERYTHING happens for a reason and maybe you are better off out of there by the sounds of it.

Regarding what you are going through mate, the first step is recognising it (which you have done). From here on it is only upwards. Keep us posted on what happens.

All the best mate and good luck.


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[threedogs]

Don't you need 2 written warnings before they can sack you.

[rusty_nail]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

one other thing mate, which i asked you about before but you musta missed it. there is only one way this could happen. how long have you been there for? unfortunately gor you if you have only been there for a short period of time, and are still in your probation period they are entitled to do what ever they like... good luck mate

[lorrieandjas]

Don't you need 2 written warnings before they can sack you.

Not necessarily. Its a long convoluted explanation - but not always.

Jas

[lorrieandjas]

Hi mate - that is not good at all. As others know on the forum I have access to a number of legal resources so if you want an unbiased opinion I am more than happy to review your employment contract and provide some advice. On face value of what you have stated thus far I can advise the following:

1. Unless your contract states it explicitly your leaving work on Friday would not be deemed dereliction of duty. There is normally standard provisions for that.
2. The existence of a pre-existing (but undiagnosed) medical condition works firmly in your favour in terms of your employer's responsibility and they must have provisions for return to work standards.
3. There's a lot more in your favour, however at this stage I (or a lawyer of your choice) will be better able to advise once your contract has been reviewed.

If you do decide to go down the legal path see if you can't get someone to represent you on a "no-win, no-fee" basis. A while ago this meant that the lawyer would take most of what you were awarded but nowadays there are strict rules in the legal profession about what can be charged.

Another person with some knowledge in this area is RLI (Paul).

Feel free to PM me if you have any questions.

Jas

[ANDY_M]

I have been there 11 months. I have seen another guy put on casual but he wasn't told to take his toolbox on the day..... At work we have been told to tell our supervisor if we intend on going home, I go to work every day, and worked nearly every Saturday and even run the shop last Christmas. I have never left work under these circumstances ever. Kinda wish I never did because it has ended up being a shit fight. I haven't been sacked, He is trying to make me quit....

[BigRAWesty]

If you were On a full time contract then your probation would be finished and you are a part of the furniture..

You mention your in mining, or a branch of. Pretty sure the CMFEU will be the union to speak to. Maybe get them to come have a chat to the work Force. I don't agree with all the Union stand for, but when it comes to workers rights and fair work, Its great to have a firm voice to put it up management..

[oncedisturbed]

Not good to hear and no they can't do that. With warnings, it must be 3 written warnings for the incident in a 12 month period before getting the flick unless the incident is criminal offence.

Go to consumer employment protection / fair work and lodge a claim

Also if you become a Union member now, it wont be backdated or retrospective cover, industrial representation usually needs a minimum of being financial for at least 12 months prior to the incident, well it used to be when I was a rep but it may change from union to union


Never underestimate the power of the darkside, let the tap flow through you.