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AADD Moderators: andyturbo
your rights at work
- Thread starter L2R
- Start date
Come on now, do you honestly believe the media would ignore a story as good as that? Look at Alan Jones, he sniffed out a worked being screwed and the next moment he's down there with A Current Affair! If there were even a couple of hundred workers getting screwed over it'd be front page news.
Tell you what did make the news today...276,000 new jobs have been created this year according to the ABS.
Tell you what did make the news today...276,000 new jobs have been created this year according to the ABS.
Actually, yes i do honestly believe the media would ignore most stories like that.
But anyway, most of the public would either not know how to contact the media, or lack the confidence in doing so and/or simply don't have the time when busting a gut trying to pay the bills after an unjust retrenchement.
De-unionisation places all of the power in the hands of the employees. AN individual cannot survive (without independant wealth) to stand up and fight an unfair dismissal in the media when in the meantime they need to eat and pay their bills. It's absolutely exhausting even when doing such things IN employment.
But anyway, most of the public would either not know how to contact the media, or lack the confidence in doing so and/or simply don't have the time when busting a gut trying to pay the bills after an unjust retrenchement.
De-unionisation places all of the power in the hands of the employees. AN individual cannot survive (without independant wealth) to stand up and fight an unfair dismissal in the media when in the meantime they need to eat and pay their bills. It's absolutely exhausting even when doing such things IN employment.
Unions can't have it both ways. A year ago they were jumping up and down on every story (recall the meat worker incident?), crying wolf and making lots of noise (with lying union members) and now when the stories have dried up because there are simply no stories you're trying to blame the media and new laws for hiding the stories from you? Surely with the budgets the unions have at their disposal they could hire a few PIs to dig up some dirt?
Darn right it does, which is why they're leaving the unions in droves!
Darn right it does, which is why they're leaving the unions in droves!
chopped_chimp said:
Funny about that, it happened to me. Our company of 4 full timers and 5 or 6 part timers (over summer, uni students during uni holidays) "had been hit with hard times" so the owner/MD said. In reality he got re-married 3 years ago and since this his wife has told him what to do and one of those things is not to give pay rises/bonuses. We WERE getting 10-20% pay rises each year and stuff like free skiing holidays etc. Soon as he got married, boom - all gone. Anyway, I threatened to leave last year and I got blood out of a stone. 5K/yr more which isn't much seeing as I saved him $60K a yr (I took over another position, he sacked them, no replacement on $40K/yr 'part time').
I had my accident, still worked. Once I had the upcoming surgery I was stupid enough to tell my boss (owner/MD only person I had to answer to) that I was a 50/50 chance of being maimed from my shoulder surgery (exploratory surgery on damaged nerves in shoulder) and I MIGHT recover was the other 50%. So he didn't want to take a chance of me being maimed/can't work/sick pay etc so I got the boot the day after I told him. Took the c*nt to court, I won but got like 1/10th of what I could have (unlawful dismissal = lost remuneration only) and my surgery outcome was "MIGHT recover" so I could get 3-20 years pay due to him sacking me which was about anything from 300K-1mil or whatever. I got a LOT LESS due to him paying the other 2 to sign statutory declarations saying I was going to be sacked before my traffic accident. heh
So theres one sure case of "great worker" being sacked because of the IR laws. If it was unfair dismissal (which was phased out I think 5-6 months before my court case - mediation) I got have got lost remuneration + stress + medical stuff, probably be a millionaire from it but oh well. I got enough so I don't have to look for work for a couple years or so instead of 20 years-lifetime not needing to work. Shit happens, I dealt with it
If it wasn't under unfair dismissal laws, how'd you take him to court?
I was under the impression one major reason people have against these laws is the belief that if you work for a company of less than 100 you can get fired for no reason and do nothing about it?
I was under the impression one major reason people have against these laws is the belief that if you work for a company of less than 100 you can get fired for no reason and do nothing about it?
Took him to court for UNLAWFUL dismissal. I did state it in my original post.
Unlawful dismissal you can only get lost remuneration for the pay due to the "wrongful dismissal" whereas unfair dismissal = lost remuneration, stress and stuff, basically "throw the book" at the employer.
*edit*
Yeah that's kind of the thing except if they do something that falls under UNLAWFUL dismissal (for me it was under fired due to health or religion law I think) you can take them to a court hearing/mediation to work out how much remuneration you would have lost due to the sacking *if* you win of course. With me, I had to concede but the judge kind of knew it was LIES (due to the overwhelming evidence from me) but what can you do? If two people are paid off (secretly) to sign a stat dec, one has to take a chance if they want to proceed further and take it to a full court hearing (not sure which court it goes to) to fight it out (costly $$$$$) so I took the paltry offer compared to the HUGE sum I was likely to get. Oh well, no use worrying about it, hopefully "what goes around, comes around"
Unlawful dismissal you can only get lost remuneration for the pay due to the "wrongful dismissal" whereas unfair dismissal = lost remuneration, stress and stuff, basically "throw the book" at the employer.
*edit*
Bent Mk2 said:
Yeah that's kind of the thing except if they do something that falls under UNLAWFUL dismissal (for me it was under fired due to health or religion law I think) you can take them to a court hearing/mediation to work out how much remuneration you would have lost due to the sacking *if* you win of course. With me, I had to concede but the judge kind of knew it was LIES (due to the overwhelming evidence from me) but what can you do? If two people are paid off (secretly) to sign a stat dec, one has to take a chance if they want to proceed further and take it to a full court hearing (not sure which court it goes to) to fight it out (costly $$$$$) so I took the paltry offer compared to the HUGE sum I was likely to get. Oh well, no use worrying about it, hopefully "what goes around, comes around"
Klue
Bluelight Crew
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http://www.rockinforrights.com.au/
Sounds pretty Kewl for all the Sydney siders, sunday 22nd of April. Bit of a bloody walk though. Up Oxford street and all the way down to the scg, CRIKEY!
Sounds pretty Kewl for all the Sydney siders, sunday 22nd of April. Bit of a bloody walk though. Up Oxford street and all the way down to the scg, CRIKEY!
Captain Commie
Bluelighter
^ nice Youth Group are playing
Benefit
Bluelighter
wazza said:
People shouldn't become millionaires because they get hurt in a car accident. Seems like the system works fine to me.
B9
Bluelight Crew
It seems I have the right to post endlessly on bluelight at work. Though I am sure that some rule somewhere says I do not!
Status [currently at work]![:\](https://bluelight.org/xf/BL_Images/Orig_Emoji/wrygrin.gif "wry grin :\")
Status [currently at work]
Benefit said:
Great assumption. I actually just wanted to keep working but he decided he couldn't take a chance with the (bad) possibles so he illegally fired me. And to the actual factors in your assumption:
1: I wasn't in a car accident
2: I would have earnt that same money (well, actually more as I would have definitely made sure I got pay rises or stuff as time went on. So in reality *if* I was paid what was legally correct if he didn't get people to lie on stat decs, and I never worked again, I would have made less overall) if I kept on working in that position, which I was able to as I kept working after the accident, started working 2 days after I got back from hospital in fact.
3: I may never find work ever again due to what the court case was over. Unlawful dismissal. Just gotta see in the next 3 years if I will ever have use of my right arm ever again, if not, it will be hard to find work for what I did.
4: Would be nice to see if people didn't LIE about others (in court) just so they don't have to do what's morally (naturally, by my morals) or legally right. At least I'm not the one who eats 2 minute noodles, ham in bread (i.e stuff that cost's less than $1 a meal) for meals because for some reason, bringing in a $200K-$500K/yr income isn't enough to warrant spending more than $1 for meals because "it's too expensive".
I'd better stop thinking of that crunt, he already has wasted 6 years of my life (professional wise), I don't want to waste any more of my personal life thinking/typing stuff about him
Benefit
Bluelighter
You're right, I don't know the particulars of your case. Disregard previous statement.
chopped_chimp
Bluelighter
wazza said:So theres one sure case of "great worker" being sacked because of the IR laws. If it was unfair dismissal (which was phased out I think 5-6 months before my court case - mediation) I got have got lost remuneration + stress + medical stuff, probably be a millionaire from it but oh well. I got enough so I don't have to look for work for a couple years or so instead of 20 years-lifetime not needing to work. Shit happens, I dealt with it
Seems like you're taking it well so thats great....However, I can't see how the IR laws got you sacked? You were unfairly dismissed and legally still took your boss to court and won the hearing because of your circumstances.
Two people lied and that lowered your entitlement which definitely sux, but that has nothing to do with the IR laws either.
It's my understanding of your post that you were only paid for lost remuneration, not for stress etc?
I've always thought getting paid for stress was a big joke anyway. It's the same as those stupid multi million dollar public liability claims that seemed to only happen in the US but we're now seeing more over here. It's bullshit!
In my mind, you seem to have been reimbursed in a logical manner - for lost remumeration. If you wanted to challenge the ruling you could have and maybe won more, however I believe the new laws treated you pretty fairly. It's just a pity those other two decided to lie for their boss. He sounds like a pussy whipped wanker to me.
Benefit
Bluelighter
chopped_chimp said:
This is what I should have said.