JimmyXR6T04 Member 1,299 Member For: 19y 5m 14d Location: Canberra Posted 19/08/06 03:36 AM Share Posted 19/08/06 03:36 AM well, the past few weeks have been a real strain on us. Since her employer found out she was pregnant, she's been pressuring her and giving her a hard time. First off, I'd like to say I too once thought that no employer in their right mind would sack a good worker... well I was wrong.Rachel has worked at the same hairdressing salon for 7 years... and in that time, she could count with her fingers how many days off sick she's had. Particularly the past year or so.. I think she may have had one day off sick, and even then it was because she was in hospital.Anyways, a couple of weeks back, Rach had a few days off due to stress and illness, and it was with a certificate. Upon returning to work, her boss said that she could no longer pay her a full wage if she had any more time off... WTF... she's entitled to 10 days sick leave per year... she's had 3 off this year!!! Not only that, she has accrued over 350hrs leave in the past few years.. so go figure. Anyways, we sought legal advice, and didn't think much more of it. Until last week.. when her boss started pressuring Rachel to accept part time work instead of full time. The crunch came today, when her boss told her that she either accepted part time work, or she was out of a job. 7 years of loyal service.. She's entitled to long service leave shortly.. I think september or there abouts, and I think this little stunt is so that the salon doesn't have to pay her as much when she takes leave to have the baby etc... On top of all that, she's been paid f*ck all super, and her payslips don't even have a date on them.. they have her name, and her nett pay.. that's it... talk about a joke!Sorry for the long post... but f*ck me, I'm so angry! We're going to seek more legal advice come monday.. surely they can't do this?? then again, with these new f*cking laws... who knows?? Link to comment Share on other sites More sharing options...
Dagabond Bored Member Administrator 35,722 Member For: 22y 20d Gender: Male Location: Dé·jà vu Posted 19/08/06 03:44 AM Share Posted 19/08/06 03:44 AM We're going to seek more legal advice come monday.. surely they can't do this?? then again, with these new f*cking laws... who knows??←With the new law's I dont think she has much of a leg to stand on....although wasnt there new law's brought in about pregnancy or was that just for the time a person has off? Link to comment Share on other sites More sharing options...
Guest newl Guests Posted 19/08/06 03:46 AM Share Posted 19/08/06 03:46 AM AFAIK, the new laws cannot impact those that were employed prior to the laws being enacted, though I may be wrong, IANAL. Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 5m 14d Location: Canberra Posted 19/08/06 03:47 AM Author Share Posted 19/08/06 03:47 AM I dunno mate... either way its a joke. if they can do this, then that's a f*cking absolute joke. Link to comment Share on other sites More sharing options...
Guest newl Guests Posted 19/08/06 03:51 AM Share Posted 19/08/06 03:51 AM I'd probably continue speaking to that attorney on the grounds of principle if for nothing else.Also, indicating that she would be cut back to part time, I would be of the opinion that her full time position would be redundant thereby limiting the creation or rehiring of said position for a period of time. Being made redudant after even seven years would be worth a little payout for sure and would no doubt help with the new bub on the way. Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 5m 14d Location: Canberra Posted 19/08/06 03:52 AM Author Share Posted 19/08/06 03:52 AM the gultess wonder won't even put anything on paper. Rachel asked for it all on paper, dated and signed... Link to comment Share on other sites More sharing options...
Guest newl Guests Posted 19/08/06 03:57 AM Share Posted 19/08/06 03:57 AM That alone would tell me that something is a bit dodgey. :/Also, regarding the super, a quick call to the ATO might help answer some questions about the employers obligations with regards to reporting to the employee as well. Link to comment Share on other sites More sharing options...
Buf-Phoon loitering with intent Lifetime Members 13,318 Member For: 21y 3m 15d Gender: Male Location: Zombie Birdhouse Posted 19/08/06 03:58 AM Share Posted 19/08/06 03:58 AM Jimmy , this is bit of a touchy one it would seem ,and one that requires some decent legal advice as the situation is a little ambiguous.If Rachel is currently "full time" and the employer cannot afford to pay the wage of a full time role then that position would become redundant ,and as such would be entitled to a redundancy package. Don't know what the current minimums are but at work we pay 4 weeks for every year of service + all leave and long service entitlements.Secondly if it can be demonstrated that it is all down to Rachel being pregnant, well that's something for the descrimination act and a very different situation indeed.The burden of proof is on Rachel, in other words Lawyers at 20 paces.If I was Rachel I would press for a payout and get another job, as you would be financially in front , and I am sure there are plenty of Hairdressing roles about... even if it is part time.Additionally why would she want to work for the b**ch boss in any case Good luck with it all Link to comment Share on other sites More sharing options...
JimmyXR6T04 Member 1,299 Member For: 19y 5m 14d Location: Canberra Posted 19/08/06 04:04 AM Author Share Posted 19/08/06 04:04 AM (edited) Jimmy , this is bit of a touchy one it would seem ,and one that requires some decent legal advice as the situation is a little ambiguous.If Rachel is currently "full time" and the employer cannot afford to pay the wage of a full time role then that position would become redundant ,and as such would be entitled to a redundancy package. Don't know what the current minimums are but at work we pay 4 weeks for every year of service + all leave and long service entitlements.Secondly if it can be demonstrated that it is all down to Rachel being pregnant, well that's something for the descrimination act and a very different situation indeed.The burden of proof is on Rachel, in other words Lawyers at 20 paces.If I was Rachel I would press for a payout and get another job, as you would be financially in front , and I am sure there are plenty of Hairdressing roles about... even if it is part time.Additionally why would she want to work for the b**ch boss in any case Good luck with it all ←cheers mate,she's sorta got a job lined up if this falls through. but its the principle of the thing. I'll be taking this further for sure. She wanted to keep this one till the bub was born, so that she'd be fully entitled to all her leave etc... but it appears as though the employers have other ideas.. I'm sure its a scam so they don't have to pay her out etc.We're gonna call department of employment and work place relations, and also some law firms etc. Her being pregnant is the obvious cause of all this sh*t.. unfortunately its gonna be hard to prove.. Edited 19/08/06 04:05 AM by JimmyXR6T04 Link to comment Share on other sites More sharing options...
saleen Big Gun Donating Members 4,170 Member For: 22y 1m 23d Gender: Male Location: NSW Posted 19/08/06 04:07 AM Share Posted 19/08/06 04:07 AM Sorry to hear Jimmy. Just on the long service comment, don't you have to work a minimum of 10 years to be eligible for long service non pro-rata or is it differet in the hairdressing industry? I guess further legal advice will answer all these things. Link to comment Share on other sites More sharing options...
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