kporte

As some of you will know, I have had a run of bad luck at the moment. C'est la vie!
Anyhow I am signed off work at the moment but popped in on the way for some scans to see if there was anything I could catch up on.
The boss asked me to pop in and the long and short of it is I have lost my job. I estimate and deal with clients as well as running the work and invoicing etc. Because I have not been able to go into work fulltime he has pulled in the foreman into my role. I have to hand the ute and my mobile in tomorrow.
I am not unemployed technically as I have been given the option of working on the shop floor. The drawback with this is that I am months away from being able to do a physically demanding job as things stand now, never mind if other issues arise from the current scans etc I am having.
Also, as I live on the Southside and work on the Northside and no longer have transport, I am stuffed anyway.
I have no sick pay left and no accrued leave left.

Does anyone have any idea about the centrelink situation in a case like this?

Sally Simpson

OMG KP, that's awful.
Is it legal to sign you off like that when you are off sick?

Broad Shoulders

Are you part of a union? This sounds dodgy as! Don't take this lying down mate!!!!!

koalakim

Really sorry to hear about your situation. There's all those ads on tv about the guy getting back into work after breaking his leg/arm whatever and his happy caring company and there's you getting the boot!

Oz is an odd place as on one hand they seem always to be protecting jobs and employment (never heard of temporary traffic lights when a man with a batton will do) but then when someone has a medical problem it seems like they can get shot of you straight away. Sounds all pretty mean!

I'm sorry I can't help you other than suggesting you get down to Centerlink pronto to find out where you stand.

Have you been offered redundancy through sickness which I'm pretty sure is what would happen in the UK or can they just get rid of you here?

Hope things start looking up for you soon.

KK

Sally Simpson

Do you have any sort of sickness cover with your super?

TiddlyPom

So they have technically not sacked you, just re-aligned you with a job you cannot physically do because you are sick.
Knowing you won't be able to do the other job, he's forcing you to leave your job because you are ill.

I don't think given your circs and your OH's pay level that you would be eligible for Centrelink help but they may be able to give you some advice as to where to go next. Ask for a discussion with their counselling person..

However, if you have been forced out of your job, you are entitled to lodge an unfair dismissal appeal. The true test of constructive dismissal is whether you have a choice or not... If you have no choice but to leave, then it's UD. If you have a choice to stay but in a different role, in a job you CAN do but don't want, it's not Unfair Dismissal.
If the new job is totally impossible for you to do, then it is UD - ie your employer has embarked on a course of action to make you leave your job.

You have:

14 days to lodge a unfair dismissal claim

60 days to lodge a unlawful dismissal claim

Check out your Industrial relations website for where you are.

I would make an appt to see a lawyer immediately.


Here's your Q'land info from the gvt:

http://www.deir.qld.gov.au/industrial/index.htm

spartacus

Good workTP.

KP . . . lost for words . . . hopefuly things can only improve for you.

Broad Shoulders

Sound advice! Take it KP, don't let them get away with this!

renth

TP, you've done well.

To add my 2c to the mix I wouldn't advise the OP to waste money on lawyers fighting this unless they can get someone to do it no win no fee or at least to write a couple of threatening letters resulting in some kind of compromise payment.

Otherwise it could be months of stress and having to find money for lawyers when OP should be recovering/looking for another job. Too much hassle - I've been there.

TiddlyPom

That's the problem... being sick... it's being kicked whilst you're down. This is why so many employers get away with it...
But on the other hand, lots don't.
I imagine a couple of letters would sort it... but KP's not gonna want to go back to that place once he's had to deal with them legally.

It would have to be no win, no fee, I agree.

Meh!

kporte

Thanks TP that is awesome. I have followed up on this and basically in my situation if I am demoted without a sizable cut in pay and duties I can't claim unfair dismissal.
As I would be going from an office job to working on the shop floor(I job I can't currently perform due to illness) and It seems a 25% pay cut as well as loss of a company funded vehicle, it would seem I have a strong case.

The only question is do I currently have the energy and will to pursue it, especially with the time limit set on such an action.

The employer couched it as doing me a favour by relieving me of the stress in my current post. I wouldn't mind but I am signed off sick until the end of February but have been going in part time to try to do what I can. I am so..... frankly hurt by it.

Dorothy

K I don't have anything to add but to say I'm really sorry you've had such a crap time of things lately. Please take TP's advice and don't let them do this to you. Sick is sick and if you are physically unable to do the job they've offered you then you have rights.

Give Centrelink a bell to see what you might be entitled to, but don't be too surprised if they say you're not entitled to anything.

Good luck K. You deserve some for a change.

kporte

I am fairly sure I won't be due to my wife's income. Problem is we are on the verge of splitting up, seperated at the moment. I could be in shit street very soon!
My employer has said I can attend work as and when I feel able, the problem being I am not as yet fit to do the office job, I have no idea when I will be fit enough to do a physically demanding job in a workshop without air con! If I can remember how anyway, It has been 3 years!!!
On the plus side, my wife has rallied on this and is by my side financially.

I am struggling to focus on this latest problem with the plethora of issues I have on my plate just now. I must have been a real Karmichael in an earlier life.......

Alfresco

All the best KP. Really hope things work out for you.

kporte

Thanks. Can I borrow some cash mate?