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Thread ID: 110677	2010-06-27 22:09:00	Fired!	GreacherTech (15784)	PC World Chat

Post ID	Timestamp	Content	User
1114010	2010-06-28 03:41:00	Are you in a permanent job or casual in which case you should be getting holiday pay as a separate item on each pay slip? Employers don't get to write all the rules. Permanent. Holiday is a separate item on the payslips as hours accrued.	--Wolf-- (128)
1114011	2010-06-28 03:48:00	Regardless of Metla's views, with which I don't entirely disagree, you still haven't said why you were on probation, i . e . what was it about your work ethic that they didn't like? I had over 12 years in ER working on the employee's side of the fence, and although my business iinterests are focussed elsewhere now, for the last 14 years I've continued to take on disputes as a private consultant, my last case being only a few weeks ago . I'll work for employer or employee, but almost always work for employees . So, speaking from professional experience up to and including taking cases to the Employment Court and a very rare case I had that went through the District Court, if you have any ideas of taking BK to the cleaners, forget it, if you were on probation for work ethic, and you kicked up a fuss about your break entitlements when you knew they were short staffed, I'm not surprised you got the heave . You will be on the back-foot from the start, and the best you could hope for might be a couple of weeks wages if you could make adequately your case . So, if you can make a case, you won't get rich off it, because for employment of short duration, unless the boss knocked you down and kicked you to a pulp or was violently and verbally abusive in the presence of witnesses, you are sitting at the bottom end of the grievance scale and the National Government's gift to employers of the 90 day termination window could make it very difficult if you were working there for less than 90 days . Employment law looks at contributory behaviour by the employee as well as what the employer did and they often cancel out . So, I'll be frank here, I don't think your communication skills are up to the task of defending yourself, and although a mediator would help you along as much as possible, they are not there to act as "the prisoner's friend" they are an unbiased and uninterested (in the outcome) intermediary whose job it is to get both sides to agree on an outcome . Your full employment history with BK will come under the microscope and in the end you will get only what you deserve, whatever that may be . So, here's an offer: You write out the full story of your employment with BK, TRUTHFULLY, warts and all from day one to the day you were fired . This is the stuff you'll need at mediation anyway, so you might as well do it while your memory is fresh, then PM it to me . If it ends up too much for a PM, let me know by a quick PM and I'll send you an email address to use instead . In return I'll give you free advice on the merits of your case and how best to proceed if it looks like you have a good argument . If I don't think you have a viable case I'll tell you, and you can go seek a second opinion if you wish . If you need a second opinion, the best test is to take it to a 'no win no pay' employment advocacy service, and if they take it on . you've got a hope, but if they show you the door, just forget it . I meant the truthfully bit very seriously too, I may want to phone your ex employer (you need to give me names and phone numbers), and if I find out I've been told half-truths or outright porkies, I just dump the file and walk away . That's the offer, it's up to you now . Cheers Billy	Billy T (70)
1114012	2010-06-28 04:25:00	x2 the above. I was a fixed term contracted to the org - not the agency - they decided to cut the contract shorter 3 months into the job by initialising a restructure. B/c I was fixed term I didn't have compensation by law and they didn't provide it thru the contract. With my union all I got was 4 weeks payment that I didn't have to work, plus I got my worktime extended 4 weeks that I had to work - plus holiday pay. Signed with the Department of Labour in the middle for the "confidential" agreement. You won't get rich. Yeah I have asked around, advice by the union was that the best of the best I could get. Some of the employment specialist lawyers charge near/over $200 per the hour. Then it was out the door, look for another job. If a worker has been in a org for maybe 10yrs you would be generous to get $50k. Most like IMO 20k or so .... Orgs tend to have a policy on restructures (not being fired), the longer you stay the more you get. AFAIK the payment will be structured to your payrate, so you may get a few weeks if you win for eg. A person working in a fast food restaurant isn't gonna hit media headlines and get a 5 or 6 figure package. Given you might be part time or casual, you were on probation that puts you on the bottom of the bottom. Me thinks you mgiht get something if you were not officially advised you were fired. You might even get reinstatated who knows but could anyone continue working like that ..... Or are you gonna say due to humiliation and hurt you cannot work there and request that too?	Nomad (952)
1114013	2010-06-28 05:08:00	If it were me I'd be wanting to draw attention to the way the manager acted, and then I'd move on as quickly as possible. If they were short staffed then the manager should have consulted everyone on the shift as to what they wanted to do for breaks, and ensured those that wanted them at specific times got them as best he could. And he should have ensured breaks were taken before the busy period so as to minimise the workload. Just ignoring peoples requirements for a break and then bullying them when they take them is just immature tin-pot crap. "Managers" of this kind can't get it through their heads how much smoother things can be if they run their thoughts and requirments past their staff who are to be affected.	Metla (12)
1114014	2010-06-28 05:48:00	Go with Billy T's proposal. I was tempted to say me too, but you don't want an army of advisers. Metla, you're on track to have the manager taking a case against you! I think it's clear that emotions were running high at the time of the incident and with so little corroborated information it's too early to be judging either side. I'm sure that BK managers don't sit in an office issuing orders and these days 'manager' tends to be a term for 'foreman' and 'supervisor' i.e. someone with only a little bit more experience than the 'workers'. My background is in an industry where breaks are not absolute and workers traditionally get the job done and leave discussion about missed breaks to the next day.	coldot (6847)
1114015	2010-06-28 06:32:00	C Basically I was due my break at 5pm because we were understaffed . I finished work at 6 . at 3 mins to 5 he instructed me to mop the full lobby which would have taken 30 mins . I was still due 2 breaks by 5pm . I complained about having to mop considering I still had 2 breaks entitled . Manager had a fit . . So you complained and mopped, or complained and took the break? Also why were you on probation - cause that will matter if you take it to Employment Disputes . For taking a break and not mopping I'd say he can't fire you but we don't know the entire story so can't tell you whether or not it was legal .	pctek (84)
1114016	2010-06-28 08:15:00	I hope you do, and that you're experience gets heard by the right people, Jumped up minor managers should not be left to make life miserable for anyone. They only do it because they get away with it. That's funny, very funny when I complained on here about my jumped up dick of a manager everyone told me to suck it in and help him now your all giving someone else the opposite advice	gary67 (56)
1114017	2010-06-28 08:47:00	Metla, you're on track to have the manager taking a case against you! pppffftttt. My background is in an industry where breaks are not absolute and workers traditionally get the job done and leave discussion about missed breaks to the next day. So is mine, But if the workers think they are getting pushed around rather then appreciated for their effort then downhill is the only way for things to go. And when it does, its the manager/supervisor/foreman who should be getting looked at. Not the person who wanted the break they are entitled to. Funny enough I've also found treating the youngsters worse then the adults grows dissent immediately, and so many people do it out of habit....and then blame the youngster for not being willing to be kicked around.	Metla (12)
1114018	2010-06-28 09:03:00	That's funny, very funny when I complained on here about my jumped up dick of a manager everyone told me to suck it in and help him now your all giving someone else the opposite advice Yes, But are you entertained?	Metla (12)
1114019	2010-06-28 09:05:00	Of course your posts brighten my day and I might be joining you in the land of the unemployed by the end of the year if my shoulder gets any worse	gary67 (56)
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