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K
Joined: 09 Sep 2011
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Pies4shaw 
pies4shaw
Joined: 08 Oct 2007
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| That’s interesting. The extent of special pleading is a bit of a concern, though: obviously, domestic violence that interferes with one’s ability to turn up to work is something that we should strive as a body politic to eliminate from or restrict in our social order. At the same time, most people who can’t consistently attend work and do what they’re paid for likely have a good subjective reason. If it was chronic illness, the employee would eventually be determined to be unfit for duty and thrown on the scrap heap. Why should this particular circumstance be treated differently? It isn’t like the employer was committing the abuse. What things deserve special protections in the workplace and what don’t? |
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think positive 
Side By Side
Joined: 30 Jun 2005
Location: somewhere
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Your comment got me curious enough to click the link, I seriously can’t believe someone took them To court for unfair dismissal after all they tried to do. They still have a business to run. Now the next person they come across that needs help and understanding might not get it.
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You cant fix stupid, turns out you cant quarantine it either! |
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David
I dare you to try
Joined: 27 Jul 2003
Location: Andromeda
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^ I agree, though it's certainly true that some companies are pretty callous. My younger brother injured his leg pretty badly at his cabinetmaking job a couple of months ago and had to take time off to recover, and then of course our sister died which set things back even further. His boss didn't care about the extenuating circumstances at all – he got fired the day before the funeral.
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All watched over by machines of loving grace |
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luvdids 
Joined: 22 Mar 2008
Location: work
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| OMG, that's terrible! Surely he has a case for unfair dismissal? Got to be worth a call to Fair Work Aust? |
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David
I dare you to try
Joined: 27 Jul 2003
Location: Andromeda
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I think he's exploring his options, yeah. Tough as he wasn't on a contract and the business he was working for was a pretty small operation, but objectively you'd have to think he has a case.
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All watched over by machines of loving grace |
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partypie
Joined: 01 Oct 2010
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| David wrote: | | ^ I agree, though it's certainly true that some companies are pretty callous. My younger brother injured his leg pretty badly at his cabinetmaking job a couple of months ago and had to take time off to recover, and then of course our sister died which set things back even further. His boss didn't care about the extenuating circumstances at all – he got fired the day before the funeral. |
I hope he takes some action - you can't sack a worker injured as a result of their work.
I was shocked at the callousness of a major supermarket chain I was recently recruited to work for. I don't actually have any work there. Unfortunately I can't get my old jobs back. I have spoken to union and I can take some action but after what's happened I don't want to work there anyway. It just annoys me hearing their ads while watching the cricket! |
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think positive
Side By Side
Joined: 30 Jun 2005
Location: somewhere
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| David wrote: | | ^ I agree, though it's certainly true that some companies are pretty callous. My younger brother injured his leg pretty badly at his cabinetmaking job a couple of months ago and had to take time off to recover, and then of course our sister died which set things back even further. His boss didn't care about the extenuating circumstances at all – he got fired the day before the funeral. |
that is so disgusting, He surely has a case. Firstly the injury isnt time off, its workcover, and for the funeral, even if they have no compassion surely he is entitled to, if not bereavement leave, a sick day or holiday day. my daughter came home early the day my Mother inlaw passed away, and then a day for the funeral, and as She had already been to the funerals of my 2 brother inlaws in the past 12 months, put in for leave, the manager saw it and changed it to extra bereavement leave. Was this a small business? it doesnt matter, just curious.
_________________
You cant fix stupid, turns out you cant quarantine it either! |
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K
Joined: 09 Sep 2011
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| think positive wrote: | | Your [P4S's] comment got me curious enough to click the link, ... |
Good thing P4S deigned to comment, then.  |
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David
I dare you to try
Joined: 27 Jul 2003
Location: Andromeda
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Yep, a one-guy operation with a couple of apprentices working for him I think. Sounded like a pretty dodgy operation; according to my brother, the boss pretty much threatened the co-worker who was there the day he was injured into siding with his version of events (in order to make it sound like it was my brother’s fault and so the company wouldn’t be liable for paying compensation). I don’t want a compensation case to take over my brother’s life (and am of the view that sometimes it’s better just to walk away), but behaviour like that certainly shouldn’t be rewarded, and I expect the legal aid people my brother spoke to are of the same view.
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All watched over by machines of loving grace |
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K
Joined: 09 Sep 2011
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What can LegalAid offer? They are usually (in Vic & presumably elsewhere) quite limited in what they can do.
(If FWC is relevant, and it sounds like you're saying it may not be, FWC claims must be filed within 21 days.) |
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think positive
Side By Side
Joined: 30 Jun 2005
Location: somewhere
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| David wrote: | | Yep, a one-guy operation with a couple of apprentices working for him I think. Sounded like a pretty dodgy operation; according to my brother, the boss pretty much threatened the co-worker who was there the day he was injured into siding with his version of events (in order to make it sound like it was my brother’s fault and so the company wouldn’t be liable for paying compensation). I don’t want a compensation case to take over my brother’s life (and am of the view that sometimes it’s better just to walk away), but behaviour like that certainly shouldn’t be rewarded, and I expect the legal aid people my brother spoke to are of the same view. |
Unless your brother was doing something stupid and mucking around, work cover should still protect him surely? It’s not about blame it’s about repairing damaged caused by an accident.
But you can’t get sacked for taking a day for your sisters funeral, I sincerely hope somebody helps him.
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You cant fix stupid, turns out you cant quarantine it either! |
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stui magpie 
Prepare for the worst, hope for the best.
Joined: 03 May 2005
Location: In flagrante delicto
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| Pies4shaw wrote: | | That’s interesting. The extent of special pleading is a bit of a concern, though: obviously, domestic violence that interferes with one’s ability to turn up to work is something that we should strive as a body politic to eliminate from or restrict in our social order. At the same time, most people who can’t consistently attend work and do what they’re paid for likely have a good subjective reason. If it was chronic illness, the employee would eventually be determined to be unfit for duty and thrown on the scrap heap. Why should this particular circumstance be treated differently? It isn’t like the employer was committing the abuse. What things deserve special protections in the workplace and what don’t? |
I read it earlier today and agree with the commissioner.
If it was chronic illness they would at least be providing medical certificates and there are protections built into the fair work act around termination for temporary absence due to illness (interestingly basically unchanged since Howards Workplace Relations act)
Apart from not telling her employer the reason for her frequent attendance breaches (which is understandable but didn't help) she apparently also failed in her obligation to notify them if she was going to be late or not come in. In the end she gave them little choice.
The employer in this instance acted above and beyond their legal requirements, demonstrating some genuine care for their employee. Many government agencies now have things in place where someone who is a victim of domestic violence can discuss it with someone trained to direct them to support (confidentially) if they don't feel comfortable discussing it with their manager and also potentially short circuit disciplinary action due to attendance.
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Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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| think positive wrote: | | Your comment got me curious enough to click the link, I seriously can’t believe someone took them To court for unfair dismissal after all they tried to do. They still have a business to run. Now the next person they come across that needs help and understanding might not get it. |
You’d think they’d be asking a whole lot more questions about “stability of home life” under various pretexts, next time.
Last edited by Pies4shaw on Wed Dec 19, 2018 10:43 pm; edited 1 time in total |
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HAL
Please don't shout at me - I can't help it.
Joined: 17 Mar 2003
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| Why now? My favourite character is the Computer. |
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