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THE UNION ADVANTAGE
Rights Watch
WHICH IS MY UNION?

Rights Watch Blog

Rights Watch used to appear on Yours Rights at Work but has now been migrated to Unions Australia

Share your workplace issue with our other readers and get free advice from the Unions Australia Helpline. Post a message if you have a problem with your pay, entitlements, health and safety or any problem you are experiencing with your work rights.

Rights Watch is for Australian workplace queries only. Only your first name will be published.

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
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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
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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
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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
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Ms
Posted by Stacey - 04:32 AM 21.07.10
I am an apprentice in the jewellery trade, and yesterday my employer advised me that they were terminating my work since it was inconsistent. I have done 3 ½ years so I am still learning the trade. There was no particular reason which led to this, and it came as a surprise. They did not involve anyone from the apprentice board, and I did not have any written warnings I am successfully completing the TAFE work. They told me at 5.00 pm that it was over and I must not come to work the next day. All this was verbal and there was no letter or the like. I have an apprentice contract. Is what they have done right? Work has been very quiet lately so I think that this may be something to do with it. Please advise where I can get help from.
Unions Australia answered on: 21.07.2010
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Mrs H
Posted by Cheryl - 02:12 PM 20.07.10
My husband is a full time employed security officer. He is required to start one hour before every shift for shift changeover and doesn't get paid the extra hour every day. He works an 8 hr shift with no meal break nor paid allowance. Now they are harrangueing him every day to come in and work extra overtime and extended shifts to cover for short staffing on a daily basis! He fears repercussions if he speaks out, but this employer is getting away with this. What can we do?
Unions Australia answered on: 21.07.2010
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Changes to working hours on payslips
Posted by Sue - 02:36 PM 19.07.10
My employer has recently advised that they have been paying a number of my colleagues and myself for a 38 hour week (apparently since the introduction of WorkChoices) although our payslips have only ever shown payment for 35 hours. When giving us this advice they also announced that they were disbanding our flextime program and that all staff could now be expected to work upto 38 hours a week with overtime only being paid after the completion of 38 hours. We were never given any new contracts under Work Choices. Is an employer able to make these changes to our payslips without increasing our wages?
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Rostered Days Off
Posted by Robert - 02:35 PM 18.07.10
I work a 40 hour week but only paid for 38 hour week My employer accumulates 2 hours a week for a paid RDO once a month If I request a RDO on a particular day and my employer says no because he is short staff can he refuse my RDO on the day I choose due to staff shortage I am a member of the LHMU the LHMU says he can refuse a RDO on a day I choose if he is short staff but a friend of mine says he can not What is the ruling
Unions Australia answered on: 19.07.2010
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Union Memership and Rights at Work
Posted by Dharshana - 06:50 AM 17.07.10
Last year, while I was working for a well known telecommunications company in Melbourne, I was given a termination letter from the acting sales centre lead. The letter was given before the new workplace relations laws came into effect exactly on 30th June 2009. As far as Iam concerned, the reasons were all unfair and unreasonable in every way. I barely worked there for more than 3 weeks on the floor and that was after 4 to 5 weeks of training. When I was handed the agreement (an individual transitional employment agreement), it was clearly mentioned none of the employees will be on scorecard in terms of performance till three months are up from the official start date of training. The reasons for my probationary termination were to do with my performance and behaviour. As far as Iam concerned, there was nothing wrong with my behaviour to speak about. In other words, under reasonable circumstances, I did not work there enough for my behaviour to be assessed. I was not given any prior notice and was given the letter exactly on the morning of 30th June 2009. I was not a union member at that time but I wanted to be a union member. Since then I haven't been working on a full time basis and the company sent me a Statement of Service saying its company policy that 'no references will be provided'. I spoke to the Human Resources of that company but a blind eye was turned right from the start.What advice can be given regarding this?
Unions Australia answered on: 19.07.2010
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Contractors rights
Posted by Shirley - 12:26 PM 16.07.10
My partner works as a contractor for a delivery and has been at this company for 2 months. He was sick for two days and they were certified by a doctor, his boss rang him and pretty much told him there was no room for being sick in his work place and usually we just have to ''solider on'' and if he was sick again we'd have to see where we're at. pretty much implying he'd get the sack. Is this legal?
Unions Australia answered on: 19.07.2010
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