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Fiancee Lost Her Job...


JimmyXR6T04

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  • Member For: 19y 6m 16d
  • Location: Canberra
Make sure you tell her NOT to say anything if they sack her or try to harrass her.

She should not storm out or abuse them or anything.  Just tell her to collect her belongings and leave.

Under her award, I am sure that sick pay acrues, but is not paid out on termination, but all her holiday pay does.

I've tried to explain that to her... I did ask her to get it on paper though.

Its pretty blatantly obvious why she's been sacked, and why her hours are being reduced.. its a real shame that the courts make US prove it... sure, it defends the honest employers from lazy workers.. but in this case, the reasons are obvious.

although, it wouldn't be hard to get records of the salons business over the past few months, and prove that things aren't "slow" If they are, its because of the boss, and his attitude. He even told his wife, that she's no longer allowed to talk to the staff.. WTF. There are some serious non work related problems at that place!! and they're affecting Rachels employment.

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  • Member For: 21y 4m 15d
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I have been in a similar situation only 4 weeks ago. :gooff: but :yeahyeah: afterwards.

I was not happy with the direction of the company (with less than 100 employees) that had employed me for the past 9 yrs. They knew my heart was not in it so they told me they will have to let me go and offered me a severence package with 4 weeks notice. Basically 1 weeks pay for every year of service - even though I was employed for 2 years during this period by another of the director's companies. So he looked after me.

After checking up with Work Choices (ph 1300 363 264) and Job Watch (ph 03 9662 1933), they informed me besides all accrued leave, holiday pay etc, and the 4 weeks notice which they can pay you out to let you go immediately. They must pay you the 1 weeks pay for every 52 weeks of service as a severence pay as well as 1 week for every 60 weeks for Long Service - which commences after 7 years. Not the 10 that we all think.

So all in all it worked out very nicely - considering I had not worked for the same employer for the whole 9 years and did not sign his workforce agreement this year. :spoton::spit::spit:

With your girlfriend's situation you will have more legs to stand on re discrimination laws, maternity leave etc. Not to mention the Tax dept will get involved re the super payouts which they will enforce the employer to pay out. It may drag on but at the end of the day she should get a bit back.

Good luck with it and hope she does not stress over it - keep her calm, give her plenty of foot massages, back rubs etc etc.

Edited by XR6T4ME
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  • loitering with intent
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Make sure you tell her NOT to say anything if they sack her or try to harrass her.

She should not storm out or abuse them or anything.  Just tell her to collect her belongings and leave.

Under her award, I am sure that sick pay acrues, but is not paid out on termination, but all her holiday pay does.

Good idea to keep file notes on everything discussed, times , places , participants stc :yeahyeah:

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  • Member For: 19y 10m 13d
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mate, if you have a feeling something is gunna happen on monday, I wouldnt be sending her to work. I think even if this all works out it will leave a bitter taste in her mouth about her boss. So on that basis the decision is easy. Use all of her sick pay first (easy to get a dr cert too) when the sick pay is up take stress leave as well. By this time she should be fairly close to maternity leave anyway. On monday ring the ato with info regarding the super situation and possible breaches of ato laws. The referal to them trying to stop her starting up in close proximity to thier salon is rubbish, that tactic is used when selling a bussiness ( so the vendor dosn't start up an identical bussiness next door and effectively bankrupt his old bussiness) it cant apply to an employee. Call all of her clients and tell them to come to your house and she can do thier hair there, she can continue doin this even the bub is born, never know this may turn out to be a good thing.

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  • Member For: 19y 6m 16d
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Make sure you tell her NOT to say anything if they sack her or try to harrass her.

She should not storm out or abuse them or anything.  Just tell her to collect her belongings and leave.

Under her award, I am sure that sick pay acrues, but is not paid out on termination, but all her holiday pay does.

Good idea to keep file notes on everything discussed, times , places , participants stc :crybaby:

Yep, I've got her taking notes.. he said she said type of stuff, also got her listing any witnesses to comments. For example, one of the other employees heard the boss's ultimatum of part time or you're gone :gooff:

mate, if you have a feeling something is gunna happen on monday, I wouldnt be sending her to work. I think even if this all works out it will leave a bitter taste in her mouth about her boss. So on that basis the decision is easy. Use all of her sick pay first (easy to get a dr cert too) when the sick pay is up take stress leave as well. By this time she should be fairly close to maternity leave anyway. On monday ring the ato with info regarding the super situation and possible breaches of ato laws. The referal to them trying to stop her starting up in close proximity to thier salon is rubbish, that tactic is used when selling a bussiness ( so the vendor dosn't start up an identical bussiness next door and effectively bankrupt his old bussiness) it cant apply to an employee. Call all of her clients and tell them to come to your house and she can do thier hair there, she can continue doin this even the bub is born, never know this may turn out to be a good thing.

the ato has been informed :spoton: I think they have already investigated the situation.. but its not yet resolved. Might have to give them another phone call :spoton:

All she has to do is stick it out till september 7th, and then she's entitled to her long service leave. Obviously the boss is trying to make her leave before this date, or cut her hours so that she's not entitled to it.

I told her to take monday off, but shes got some important clients to get details from on that day.. plus we'll call workchoices and department of employment/workplace relations and see where we stand.. if its looking good, the she'll be sick for the remaining days, plus stress... plus holidays if needed.. but 7th september isn't far :spoton:

good idea about working from home, I've been trying to get her to do that since we met!! lots more money in it once you get the clients. However, the problem is that she doesn't have a decent set up, and it makes it hard to rinse colours etc etc... but I'm still pushing her in that direction. Her best friend used to work at the same salon but recently quit (just had a baby). So the both of them working at the one house would be great, with the combined clients, and two mothers to look after the bubs..

Edited by JimmyXR6T04
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  • Member For: 20y 8m 11d
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Jimmy, I have just spoken with one of my friends that does advocacy work for this kind of thing - surprisingly most of her work is in the hair-dressing industry. She has recommended that the first thing you do is contact an employee advocate. It will cost you a bit (but far less than a solicitor) but they will accompany your fiancée to any meetings and they are like pitbulls and know the relevant awards and legislation better than anyone else.

Also under the new workchoices legislation you are entitled to get all copies of past timesheets and unpaid overtime and penalties can also be claimed for – that is if they are keeping timesheets like they are legally required.

The normal process is to go in hard and then offer an acceptable compromise, but if they don’t accept then go all the way and milk it for all you can.

Take the bastards to the cleaners :stirthepot:

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