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Old Dec 1st 2005, 3:19 am   #1
gedge 
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Default Sick leave

I'm angry!

My wife has exceeded her allowed sick days this year and her employer has decided not to pay her for those days.
Fair enough you might think. We all have to work to the rules.

This is where I get mad though.
Her employer has never provided her with a contract so there are no agreed rules.
There are about 15 people working at this place and none of them have a contract.

She works hard, bringing work home evenings and weekends.
Four other members of staff have left recently. Right now I feel there should be a fifth resignation.
How about 1 days notice, as "hey there's no contract"!

Do you think I'm right to be angry?
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Old Dec 1st 2005, 3:37 am   #2
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Default Re: Sick leave

Yep, don't take it. Don't know what she does, but there's stacks of work out there.

The law may state that X amount of days are allowed sick leave, but when you have a job where you work evenings or weekend on an ad hoc basis, it's about give and take. There's no such thing as loyalty from either the employer or employee anymore, so do what you gotta do.

Paul.
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Old Dec 1st 2005, 3:45 am   #3
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Default Re: Sick leave

Quote:
Originally Posted by diddy
Yep, don't take it. Don't know what she does, but there's stacks of work out there.

The law may state that X amount of days are allowed sick leave, but when you have a job where you work evenings or weekend on an ad hoc basis, it's about give and take. There's no such thing as loyalty from either the employer or employee anymore, so do what you gotta do.

Paul.
Thanks Paul.
You're echoing my thoughts but I know I'm feeling fired up at the mo and maybe not thinking too clear.
I reckon she should tell them to stuff it, and we'll deal with the consequences.
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Old Dec 1st 2005, 3:49 am   #4
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Default Re: Sick leave

Quote:
Originally Posted by gedge
Thanks Paul.
You're echoing my thoughts but I know I'm feeling fired up at the mo and maybe not thinking too clear.
I reckon she should tell them to stuff it, and we'll deal with the consequences.

That said, whenever I quit, I line something else up first.
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Old Dec 1st 2005, 3:59 am   #5
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Default Re: Sick leave

Quote:
Originally Posted by diddy
That said, whenever I quit, I line something else up first.
We could probably manage for 6 months until the bub's due anyway.
But saying that, the funds would come in handy.
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Old Dec 1st 2005, 4:30 am   #6
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Default Re: Sick leave

Quote:
Originally Posted by gedge
We could probably manage for 6 months until the bub's due anyway.
But saying that, the funds would come in handy.
Then don't quit.

Sounds as though she has been getting a good deal as it is. You mentioned no contract and yet she was being paid sick leave money. Normally no contract means no sick leave.

Works both ways
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Old Dec 1st 2005, 7:16 am   #7
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Default Re: Sick leave

Firstly, any union rep or workplace relations rep at her workplace? She should speak to them first.


1. Get her to organise a meeting with her boss/HR.... a formal meeting in advance, not a little "have u got a mo" type.

2. ensure that she takes a typed agenda which covers

* when she can expect to receive her written contract or alternatively a statement of her benefits.

* the fact that she "enjoys" her job and working with her colleagues, which is why she has been prepared to help out for XX (calculate number) of hours. If she were to be paid overtime for that time at flat rate it she would have earned xx and cost the company about 1.35 times xx. (and if paid at 1.5 x hourly rate the cost would be, and if double time the cost would be..etc) She has therefore saved the company loads..

However, she is not interested in this, just wants to let the company know how her treatment has made her feel. Paying her sick pay would not cost them anything, as the cost is factored into the annual salary. Did they need to get someone to replace her? Did anyone else do the work?

* can she take the time off in lieu of the xx hours OT worked.

* "until the bub arrives"....so there's an aussie on the way. Does the boss know? How long has she worked there. There are various issues here.... if they do know, then the para above regarding exact entitlements and the para below become even more important.

* "I appreciate that you may not have all of the answers now, but as I'm sure you're aware these contractual issues do underpin our working relationship, and I have been here for xxx weeks, so I'm sure that you can understand that I need these answers in writing within 5 working days."


Keep us posted and good luck
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Old Dec 1st 2005, 7:28 am   #8
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Default Re: Sick leave

Quote:
Originally Posted by gedge
I'm angry!

My wife has exceeded her allowed sick days this year and her employer has decided not to pay her for those days.
Fair enough you might think. We all have to work to the rules.

This is where I get mad though.
Her employer has never provided her with a contract so there are no agreed rules.
There are about 15 people working at this place and none of them have a contract.

She works hard, bringing work home evenings and weekends.
Four other members of staff have left recently. Right now I feel there should be a fifth resignation.
How about 1 days notice, as "hey there's no contract"!

Do you think I'm right to be angry?

Why should the poor employer have to pay anything when he gets no work?
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Old Dec 1st 2005, 8:46 am   #9
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Default Re: Sick leave

Quote:
Originally Posted by gedge
I'm angry!

My wife has exceeded her allowed sick days this year and her employer has decided not to pay her for those days.
Fair enough you might think. We all have to work to the rules.

This is where I get mad though.
Her employer has never provided her with a contract so there are no agreed rules.
There are about 15 people working at this place and none of them have a contract.

She works hard, bringing work home evenings and weekends.
Four other members of staff have left recently. Right now I feel there should be a fifth resignation.
How about 1 days notice, as "hey there's no contract"!

Do you think I'm right to be angry?
Yes, you have right to be angry, but unfortunately with the proposed IR changes this is just the thin end of the wedge.

Anybody contemplating migrating to Australia needs to think carefully on how the proposed IR changes are going to affect their quality of life.

Molly
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Old Dec 1st 2005, 8:53 am   #10
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Default Re: Sick leave

Quote:
Originally Posted by sam&molly
Yes, you have right to be angry, but unfortunately with the proposed IR changes this is just the thin end of the wedge.

Anybody contemplating migrating to Australia needs to think carefully on how the proposed IR changes are going to affect their quality of life.

Molly
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Old Dec 1st 2005, 9:51 am   #11
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Default Re: Sick leave

If she's exceeded the amount of sick days then she shouldn't get paid, if she doesn't like it then she should find another job.
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