JimmyXR6T04 Member 1,299 Member For: 19y 5m 22d Location: Canberra Posted 19/08/06 04:42 AM Author Share Posted 19/08/06 04:42 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.←yeah we thought it was ten years too mate.. apparently under her award its 7yrs.. but further legal advice is gonna be sought Link to comment Share on other sites More sharing options...
tab Sucker Moderating Team 32,303 Member For: 20y 7m 17d Gender: Male Location: Brisbane Posted 19/08/06 05:25 AM Share Posted 19/08/06 05:25 AM 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..←That’s the best thing you could do buddy.And just to nip the bandwagon in the bud the new IR laws will not work in the employers favour whatsoever, if anything your misses will be better protected and get better support now than if the same thing happened six months ago.If you haven’t already then check out https://www.workchoices.gov.au, an excerpt from this site is following:Protection against unlawful terminationUnder WorkChoices, it will continue to be unlawful for an employer to terminate an employee’s employment on discriminatory grounds. This is called unlawful termination. Unlawful termination provisions apply to all employees in Australia. Employees who are excluded from making unfair dismissal claims are not excluded from making unlawful termination claims. An employee can apply to the AIRC if they believe their employment was terminated for an unlawful reason, including:• temporary absence from work because of illness or injury; • trade union membership or participation in trade union activities; • non-membership of a trade union; • seeking office as a representative of employees; • the filing of a complaint, or the participation in proceedings, against an employer; • race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; • refusing to negotiate, sign, extend, vary or terminate an AWA; • absence from work during maternity leave or other parental leave; and • temporary absence from work because of the carrying out of a voluntary emergency management activity.State, territory and Commonwealth equal employment opportunity or discrimination laws may also contain remedies in relation to termination of employment. However, the Workplace Relations Act prevents an employee from substantially pursuing the same claim more than once.Employees who believe their employment has been unlawfully terminated can make an application to the AIRC on one or more grounds listed above, including discriminatory grounds. The AIRC must try to conciliate the matter, and if conciliation is unsuccessful, the AIRC must issue a certificate on the merits of the application. At that point, the employee has 28 days (this was previously 14 days) to elect whether to proceed to court.Under WorkChoices, this time period has been extended to allow the employee time to seek legal advice.Unlawful termination financial assistance schemeEmployees who believe they have been unlawfully terminated may be eligible to receive up to $4,000 of independent legal advice, based on the merits of their claim.They will be eligible for assistance if they have a certificate from the AIRC indicating that their claim has merit and could not be resolved through conciliation. The application for assistance will be assessed by the Department of Employment and Workplace Relations on the basis of financial need.To be eligible for assistance, the person’s income prior to termination must be below $915.70 per week or $47,745 per year. This is the average weekly total earnings for adult full-time non-managerial employees and will be adjusted every two years.More informationFor more information call the WorkChoices Infoline on 1300 363 264 Most salons will try and pull the wool over their employees eyes and usually they just buckle and let it go - but take it all the way as you’ve got nothing to loose and so much to gain.All the best with it in any case. Link to comment Share on other sites More sharing options...
BAturb Member 521 Member For: 20y 28d Gender: Male Location: Adelaide Posted 19/08/06 05:51 AM Share Posted 19/08/06 05:51 AM under the new laws if an employer has less than 100 people then all they need to say is exactly what you have said, if she doesnt like it then what choice does she have, there is nothing much anyone can do Link to comment Share on other sites More sharing options...
xrdreaming Lifetime Members 1,693 Member For: 21y 10m 13d Gender: Male Location: Melbourne Posted 19/08/06 06:43 AM Share Posted 19/08/06 06:43 AM No, under the new laws no one can sack a person for discriminatory reasons no matter how many staff they employ. As Jules said the burden of proof is on the employee to prove that they have been discriminated against but they are protected by law. Link to comment Share on other sites More sharing options...
SHOCK Team Grandpa Donating Members 1,921 Member For: 18y 7m 12d Gender: Male Location: Hunter Valley Posted 19/08/06 07:19 AM Share Posted 19/08/06 07:19 AM Sorry to hear Jim, hope all goes well from here.... Link to comment Share on other sites More sharing options...
RHR BOOST Moderating Team 5,698 Member For: 21y 3m 7d Gender: Male Location: Southern Highlands NSW Posted 19/08/06 08:21 AM Share Posted 19/08/06 08:21 AM Sorry to hear mateJust remember to keep in mind legal costsVS the cost of her entitlements cause you might end up coming out with a bill rather than a win. Link to comment Share on other sites More sharing options...
BAturb Member 521 Member For: 20y 28d Gender: Male Location: Adelaide Posted 19/08/06 08:31 AM Share Posted 19/08/06 08:31 AM under the new laws, it is not discrimination if the empoyer says theres not much work so either you go back to casual or there is no job Link to comment Share on other sites More sharing options...
Lumpen Poison Fish. Poison Fish. TASTY FISH!!! Donating Members 5,181 Member For: 21y 8m 27d Gender: Male Location: The Bogan Shire Posted 19/08/06 08:41 AM Share Posted 19/08/06 08:41 AM Commiserations on the trouble you are having mate. I wish you all the best with the battle. Have you contacted the Union's as well? Im sure at this early stage of the new IR laws they'd fall over themselves to help you.Lumpy Link to comment Share on other sites More sharing options...
tab Sucker Moderating Team 32,303 Member For: 20y 7m 17d Gender: Male Location: Brisbane Posted 19/08/06 08:58 AM Share Posted 19/08/06 08:58 AM under the new laws, it is not discrimination if the empoyer says theres not much work so either you go back to casual or there is no job←She's pregnant though. In the eyes of the arbitrator that would be the obvious reason. It’s a bit like if you hurt your back then go to work the next day and they fire you because ‘there’s not enough work’. Trust me, I ‘know of someone’ that was looking at firing an employee but they fell ill the day before it was due to happen. Now ‘that person’ is stuck as there is no way you can legally get rid of the employee unless they essentially have a clean bill of health. Link to comment Share on other sites More sharing options...
saleen Big Gun Donating Members 4,170 Member For: 22y 2m 2d Gender: Male Location: NSW Posted 19/08/06 09:00 AM Share Posted 19/08/06 09:00 AM under the new laws, it is not discrimination if the empoyer says theres not much work so either you go back to casual or there is no job←She's pregnant though. In the eyes of the arbitrator that would be the obvious reason. I thought the Arbitration Commission was as good as gone? Or are you referring to whoever now does that job? Link to comment Share on other sites More sharing options...
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