Got fired today! - Page 4

GCFordChic · 13-02-2008, 07:04 PM

Wow, I only just noticed your update and before I even read the email this annoyed me "Dearest Colleen"

There are a select few I would let address me as 'dearest' and it definitely would not extend to a boss that sacked me from his high horse.

The fact that you are not able to move on to the new job you were seemingly so looking forward to makes me much more inclined to suggest to definitely seek legal advice.

It seems you have a very supportive family so I imagine that any stress from taking this further will be alleviated somewhat.

It may be a good time (while everything is fresh in people's minds), to ask those who worked with/for you to write down their experience in working with you (probably leaning more towards those who have left the company so they will be honest as they won't fear retribution). Get them to answer if they ever saw you smoking at work, in an unauthorised place, ask them to honestly recount whether they felt your work was indeed impacted by your 'health issues', what they thought of you as a co-worker or a boss.

Whatever you do, don't reply to the email yet. If you seek advice and there seems to be no course of legal action (doubtful) then I would personally email back all guns blazing and tell him what I really thought of him.

Good luck in finding employment where you are valued and treated well.

Duke · 13-02-2008, 07:31 PM

Quote:

Originally Posted by GCFordChic

Wow, I only just noticed your update and before I even read the email this annoyed me "Dearest Colleen"

There are a select few I would let address me as 'dearest' and it definitely would not extend to a boss that sacked me from his high horse.

The fact that you are not able to move on to the new job you were seemingly so looking forward to makes me much more inclined to suggest to definitely seek legal advice.

It seems you have a very supportive family so I imagine that any stress from taking this further will be alleviated somewhat.

It may be a good time (while everything is fresh in people's minds), to ask those who worked with/for you to write down their experience in working with you (probably leaning more towards those who have left the company so they will be honest as they won't fear retribution). Get them to answer if they ever saw you smoking at work, in an unauthorised place, ask them to honestly recount whether they felt your work was indeed impacted by your 'health issues', what they thought of you as a co-worker or a boss.

Whatever you do, don't reply to the email yet. If you seek advice and there seems to be no course of legal action (doubtful) then I would personally email back all guns blazing and tell him what I really thought of him.

Good luck in finding employment where you are valued and treated well.

Very well said.

Geez Louise · 13-02-2008, 11:25 PM

I have not responded to his email nor will I until I have all the facts. I have asked people who I worked with if my health was an issue and they have stated NO!

Look this guy is a jerk...no two ways about it!! I have sought legal advice and will now do what it takes to make sure he doesnt continue in his "I am untouchable phase" I can only do...what I can do...that is all there is to say!

Yeah and the "Dearest" bit made my skin crawl too!!

EXECJIM · 13-02-2008, 11:54 PM

I say "out the name of the company", so we can stop buying from this tool

:

You sound too nice to work for that r sole.

Jim

Geez Louise · 13-02-2008, 11:58 PM

Quote:

Originally Posted by EXECJIM

I say "out the name of the company", so we can stop buying from this tool

:

You sound too nice to work for that r sole.

Jim

Oh I am lovely...just ask me...I will tell ya!!!

Mansal · 14-02-2008, 12:33 AM

Quote:

Originally Posted by Geez Louise

...It has also become apparent that your heath is now becoming an issue. The company and I are no longer willing or indeed are relucant to support any "down time" that may be caused due to your illness. It was a major contributing factor in your dismissal.

..Sounds to me like your former boss was using your 'breach of company policy' in being a smoker to legitimise your dismissal, which, by the sounds of it, was due to illness.

The Workplace Relations Act 1996 (Section 659) defines Unlawful Termination as being terminated due to:

Quote:

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, or acting or having acted in the capacity of, 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, make, sign, extend, vary or terminate an Australian Workplace Agreement (AWA);
absence from work during maternity leave or other parental leave;
temporary absence from work because of the carrying out of a voluntary emergency management activity.

Have you contacted the Workplace Ombudsman at all? Might be worth pursuing with them (cheaper option than a lawyer I guess!) http://www.wo.gov.au/. Note you must lodge your complaint with them within 21 days of termination.

Hope that helps! Best of luck to you!

paul_r_d · 14-02-2008, 12:47 AM

Hell, I am a school teacher and as soon as recess comes around about 6 of us nic out the front and have a smoke, over past the car park. Parents are forever coming and going.... I guess it's not the best look.

My point is, you can smoke when you are allowed to, on your own time, obliging to the bulidings rules of course. And really there is nothing your employer can do about it.

atec77 · 14-02-2008, 12:52 AM

Quote:

Originally Posted by Tha Jack

My wife has none nothing wrong. I have seen this woman work Saturday's and Sunday giving up her family time to this "company" and have begged her to stop but she will always do what is right! Don't worry Col, you haven't let us down! That is all I can say.

As to your question mate...she is sicker than she lets on...Never a better wife you will ever find. Puts family before her own needs. One in a billion mate. One in a billion!!

All very nice sentiments but the answers shape the certainty of some sound recourse

TruBlu351 · 14-02-2008, 01:21 AM

Quote:

Originally Posted by noob boss

"it did come to my attention that you are in FACT a smoker and as a non-smoking workplace"

Being a smoker and smoking at work are 2 different things.

..........this guy is a few snags short of a barbi

5tumpy · 14-02-2008, 01:48 AM

Quote:

Originally Posted by Geez Louise

Look this guy is a jerk...no two ways about it!! I have sought legal advice and will now do what it takes to make sure he doesnt continue in his "I am untouchable phase" I can only do...what I can do...that is all there is to say!

Good to hear you've taken legal advise, and good luck! Although with the moron's email pretty much all the hard yards are done for you... The hardest part in an unfair dismissal case is proving that a contributing factor to your dismissal was one that is illegal, and that email the clown sent you will all but prove that!

Again good luck with the legal action! Hope your lawyer rips the scumbag a new backside!

fpr_esp · 24-02-2008, 12:54 PM

my advice is stick it to the man make a big deal out of it, my boss has been taken to unfair dismissal 3 times and every time he used some pafetic excuse to sack someone and evertime they usually pay the ex employee out its cheaper than to drag it on, only problem is to get the nerds at unfair dismissel to push it for you. good luck.

Geez Louise · 24-02-2008, 02:24 PM

I have taken this further as I thought about it and sent all the info through. My hesitation was because my son still worked there....that was until Tuesday when he too got fired for not sweeping up properely after wiping down the forklift. Boss said there was a heap of stuff left on the floor but my son swears he didn't see any mess left behind.

Also found out that sales have dropped by at least 25% since I left so sucked into him!!