Hotel Services
Posted by Jan - 07:58 PM 29.07.10
I'm a casual worker with a 6 month evaluation due. My work performance isn't questioned as I do a great job. The drama caused my our supervisor and department boss is bad. We all have made complaints about certain things and been fobbed off my them both but that's another story. My question is this. As a casual do I get a written warning, 3 written warnings or no warnings?
Unions Australia answered on: 30.07.2010	read comments post a comment

Overpayment
Posted by Em - 02:28 PM 29.07.10
I received a letter from the Education Department, stating that I had been over paid, over a 4 year period of separate employment contracts. During this time I have been in fixed-term 1 year contracts and have had to re-apply and compete for the same position each year. The over payment has by no way been contributed by myself, and they have not explained exactly how it happened. I did some research and found a similar but not identical case “Civil Service Association of WA Incorporated v Director General, Department of Justice”. Where it demonstrates that employers will not always be able to recover overpayments mistakenly made to employees. Do I have to pay back the lump sum amount, even though the over payments are as a result of the department not complying with the record keeping laws, and the overpayment occurred under previous contracts. Regards
Unions Australia answered on: 30.07.2010	read comments post a comment

Contract Work
Posted by Alice - 11:06 PM 28.07.10
I work for an industry partner to one of the leading telecommunications companies, in an outbound call centre environment. Everyone in the centre is forced to work as a contractor with an ABN. I have been advised by an outsider that in this type of work, you must be an employee and not a contractor. This current arrangement means there is no superannuation or tax paid, and this huge company gets out of having to comply with safety and compensation programs. What is the actual law regarding contractors working in an office environment in the telecommunications industry?
Unions Australia answered on: 29.07.2010	read comments post a comment

Time in Lieu
Posted by Andrea - 01:26 PM 27.07.10
I work as personal assistant and have plenty of duties outside my job description. I have been working with the same company for 4 years. I am paid salary for 38 hours per week and working sometimes up to 50 there is no time in lieu and no overtime rates? I also supervise other staff in the office and have recently found they recieve more per week on an hourly rate with the same benifits (sick and holiday pay) then my self and with quarter or the responsibility, is there anything I can do about this?
Unions Australia answered on: 28.07.2010	read comments post a comment

Sick Leave
Posted by Student - 11:00 AM 27.07.10
I work as a part-time retail sales advisor at a well known entertainment retail and hi-fi store (I study full time at university). I have been working for the company for around 3 years, and have been part time for 7 months (previously had been working as a casual staff member but was forced into part-time with the threat of losing hours). Last week I worked on Thursday, and awoke ill on Friday. I called my immediate boss 3 hours before my shift started to advise that I wouldn't be coming in to work as I was ill. The next day I was still ill but knew the store would be short staffed so I went to work, and after working for two hours was sent home because I was sick. I then worked the following day as I was feeling much better. I am now being told that I won't be paid for Friday's shift as I "wasn't ill but didn't feel like going in to work" which is completely untrue. The manager who has decided this was the same one who sent me home on Saturday due to illness. I have never taken a sick day the whole time I have been part time but do not know my rights in this situation. Is it up to the boss to decide whether or not I was genuinely ill on the Friday? Am I without any rights in this situation? I don't know who to ask because the HR department of this company are extremely unhelpful. Thank you for any advice you can offer.
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Full timer with a broken foot
Posted by J - 10:24 AM 26.07.10
2 weeks ago i broke my foot, on the first week i attended work for 2 days as soon as i was able to move around, so that people at work knew what happened. I had another scan on the following Monday which lead the doctor to put a cast on and that really hurt my foot a lot. The doctor gave me a 6 weeks MC, i pretty much drowned myself with pain killers over the next 3 days as the pain was so intense and unbearable. I was in really bad condition due to the drugs and i didn't call in work to let them know. Today i came in to work and got a warning letter, my manager seems to be very keen in getting rid of me, saying stuff like its not working out. This is the second one and Is there anything that can be done? I don't think i deserve a warning for this, is there anything i can do or say to my employers to make them pull the letter back? Maybe it is my fault, I just really need some advice, thanks.
Unions Australia answered on: 27.07.2010	read comments post a comment

Written Warning and Disciplanary Proceedings
Posted by Melissa - 09:24 AM 26.07.10
I’m about receive Counselling and a Written Warning regarding some “Performance Issues” from my Hospital Administration workplace. Ive been back from Maternity Leave for 6 months now only to return to what looks like a bit of a girl’s club. For most part of the allegations, I agree with them. My performance has been a little substandard however, a couple of weeks before returning to work, I had just left my partner who was physically violent towards me.. suffice to say that I was battling a bit of Post Traumatic Stress Syndrome. On my second day back, I spilled all of this to my boss and at the time she was understanding. Some weeks later, she sent me a weird email after she found out that I was expressing in our office after hours (with the door closed and no one else around). I didn’t like the email so I took it up with HR who spoke to her about it and now there is an arrangement. Then, she goes on leave for 6 weeks and leaves a colleague in charge. This colleague was keeping a spreadsheet of my misdeeds to present as evidence. There is about 20 points on there, 1 was a biggie, 4 of which are painted in a light that is not the truth. Im a professional - How do I go into this disciplinary session? Im really hurt by the less then 100% truth and as I said, there were extenuating circumstances. I am looking for another job obviously but at the same time, I want to be diplomatic but not have them think that Im a push over.
Unions Australia answered on: 27.07.2010	read comments post a comment

have I a case for unfair dismissal
Posted by Keith - 02:59 PM 25.07.10
I work as a carer and for the past 18mths have worked 3 set days each week. Out of the blue they told me while I was at my job that it would be my last shift not to go back. I was given no explanation. I am a casual but as I have worked the same days continuosly is there anything I can do. The job is still being covered by other carers
Unions Australia answered on: 26.07.2010	read comments post a comment

workplace bullying
Posted by Jenny - 10:40 AM 24.07.10
My son is in his last year of a mechanical apprenticeship and has had to leave his place of employment due to a service managers bullying which has driven him to the point of suicide. I have contacted his employer and the relevant authorities but I plan to bring this situation to light within our community as I feel that when dealt with by courts the employers get a slap on the wrists and are free to do it again. I have been notified that my sons case isnt an isolated incident within this company and its branches. His service manager is a die hard liberal supporter and has said that its the liberal was or no way. I believe workchoices gave these people a licence to kill and boy are they doing a good job at it. I would like to know what my rights are in the area of protesting and if its legal for me to do so. I am more than willing to stand outside this business with a sign to highlight to others the goings on in this business. I also feel strongly that if breaches are found by the relevant authorities that there should be a notional data base to people can check to see if they think that they'd be able to work for that particular employer. This is espeacially important for younger workers. If another younger person who was living away from home had been in my sons situation and not had family support they could well become the next suicide statstic. We need to protect our kids, they're our future. Any ideas you can give me would be greatly appreciated.
Unions Australia answered on: 26.07.2010	read comments post a comment

Unpaid Work Experience - 14 year old
Posted by Mother - 10:07 PM 22.07.10
My daughter did a weekend modeling course. She was then offered unpaid work experience as a backstage dresser and general helper. The company told her that it might lead to modeling work but she first needed backstage experience. This was a nine hour day with no break or meal provided for which she did not receive a cent. She was offered a second fashion show - once again backstage, same hours and conditions as stated above and no pay. She was told that after this show she would be offered paid backstage work. She was offered another backstage show but this time - as it was a 'charity event' there would be no pay. She chose not to accept and never heard anything from them again other than them trying to get her to undertake more model training (at a cost). I have anecdotal evidence that this well known Canberra company does this on a regular basis. Is this illegal - should she have been paid? I am upset that she was misled about potential work and her youth and inexperience was abused - I though it was illegal to offer unpaid work experience.
Unions Australia answered on: 23.07.2010	read comments post a comment