Problems at work, advice wanted

[Jox]

Hi all, well I was not sure were to post this but I am hoping I can pursue this though the courts so I put it here.

I feel like I have been treated unfairly at work & would like to hear peoples opinions & get advise on what to do. Here is the story of how my new job has turned to shit.

I started a new job about two & a half weeks ago, working for a company that contracts me out to bigger companies, it was a fly in fly out job as a wildlife spotter/catcher, three weeks on one week off. Anyway I had started my job out past Roma QLD & had worked for eight days every thing was going well & I was getting along well with everyone, on the ninth day I woke up at 4:30am with a bad headache, I went up to the pre start & passed the bretho test, I then went & spoke to one of the supervisors & told him about being unwell & he told me to go back to camp & sleep until 7am & then go & see the onsite doctors, he also said he would send someone down to my room later that day to make sure I was OK

At 7am I went & saw the doctor, he gave me some pills & sent me to see the physio. The physio checked out my neck & back & told me my muscles were very tight & this was causing my headache, he did an hour of treatment & told me to go back to my room & relax/sleep & to come back at 5pm for more treatment, I went back to my room.

At 4pm that afternoon another person from the office came down to check on me, he also asked me if I had done the 2hour online induction, to which I replied no, he said I would have to do it in the morning before I went out on site, I said that would be fine.

At 5pm I was back at the physio,he worked on my back for half an hour & showed me some exercises to do back at my room, he told me to have some dinner go back to my room, do the exercises & have an early night. I left & had dinner, after dinner I went up to the office to tell them what I had been told & I should be right to work tomorrow, when I was in the office the man who came & saw me at 4pm told me he wanted me to do the induction now, it was 7pm & the induction takes two hours. I told him that the physio had told me to do exercises & have an early night, he said he didn't care & I had to do it, I said "what if I refuse", he told me I would be on the first plane out in the morning, I said "you have to be joking, I am not going to do it tonight, you told me at 4pm I could do it in the morning", to which he replied fine PISS OFF! I walked out of the office & went back to my room.

The person that told me to piss off was from the big company & not my employer so in the morning I rang my boss & told him what had happened, I also told him I was going to find the big boss & try to work it out as I felt I was treated wrong, my boss told me that I represent his company & he would prefer me to come home on the plain & have a meeting with him & he would work it out. I told him I want to take it further as I was fired on a day when I was sick, he said he would help me do this when I got home, so I did not talk to anyone there other than the doctors. The doctor told me if this went further he would be happy to assist me & was disgusted with the way I was treated.

Two days later I had a meeting with my boss & three other people from his company, I had to explain what went on while they all took notes, at the end of the meeting they told me I was on unpaid leave until they work it out. Four days later (Friday 19th) I got a phone call saying I wont be doing the fly in/out work any more & I will be doing local work starting Monday (today). They rang me this morning & said there job was cancelled & there not sure when the next local job will start.

Like I have said I think I was treated wrong but have never been in a situation like this before, I also don't have the money to see a lawyer. If anyone knows how I should deal with this I would love to hear your opinion, I am also wondering if I would have to sue my employer or the bigger company? Or am I just going to have to bight the bullet & take it as I am the small fry involved with BIG business.

Thanks for taking the time to read this, I look forward to hearing what people have to say.

Cheers

Jox

[Foo]

No big thoughts from me here.

Sounds pretty typical to me. There is an ombudsmen to complain to, but you were a temp agency staffer and i wouldn't imagine youd do that well.

Hope im wrong.

All the best

[quarterflesh]

ring up fair work australia

http://www.fwc.gov.au/

http://www.fairwork.gov.au/Pages/default.aspx

[Darklight]

IME you are not officially allowed to even be working on a job site until you have completed the induction- it's an insurance requirement. You were on a job site for 8 days without completing it?

The original job may or may not have been cancelled by the business contracting your employer. Regardless, you were offered other duties with the company you work for and you still have a job

Unless I am missing something I don't see wtf you have to complain about. Hope your neck gets better tho

[Jox]

Thanks for the replies so far,

@eatfoo, I was thinking because I am still employed by my company there might be nothing I can do , it is just sad that one man having a bad day can fuck someones career chances.

@quarterflesh, I'll do that. Thanks.

@Darklight, I think you are right about not being aloud on site with out doing an that induction but they paid for me to fly out & got me to work for 8 days without bring it up, that is not my fault. What I am complaining about is quite obvious, being fried from site when I have a medical certificate, being told to PISS OFF & losing the chance to make $120,000 a year to be put on a lot lower wage in an on call casual position. Yes I still am employed but there is no guaranty of on going work, I would have made more being on the rock & roll this week!

Cheers

Jox

[GoOnThen]

Hey Jox sorry to hear that you have had issues with your new job.

Sadly this scenario is played out on big sites on a daily basis. The safety issues on these sites has been taken to another level with any small over-site on safety can mean immediate removal from site and in most cases a total ban from that site.

I believe you have been dealt with harshly but I cant see you having any luck in having this changed. The way I see it is the guy that demanded you do your induction is covering his arse. As Darklight said you shouldn't have been on site with out completing an induction so whoever was in charge of making sure that happened is at fault and one would presume that it was the guy you had the run in with. His report will say refused to complete induction so you were removed from site which would be company policy.

Contractors on site are treated different to company personal. I know of a number of people who have been banned from sites for things that would only be a slap on the wrist for a employee.

You employer wont take on the company over this because they wont want to risk loosing there contract and there is also a good chance that they are at fault as well as they should of informed you that you had to do an induction before starting work.

I have been on sites before where I hadn't completed an induction but the company needed us there so we had a chaperon with us the whole time we were there.

Safety on these sites is very important but these days it gets manipulated to much to suit the company or the safety officers.

Most contractors can be thrown of site for minor safety breaches and sadly even though it wasn't your fault a refusal to do an induction is a imedate removal breach.

I am sorry I cant give you anything positive as I am afraid this is the crap we all have to put up with these days in the name of safety in the work place.

Cheers

Got

[mr b.caapi]

Yep, there is no love for contractors. The site i'm on just offloaded about 20 contractors because of the falling gold price, some had been there for over a year. The way they would have looked at your situation is that you may have injured yourself ( neck/back strain) whilst working then when they realized you hadnt done an induction alarm bells would have started ringing... its all about safety and covering their arses.

[CoLaNuT]

Bad luck mate.

Only suggestion from me would be forget it and move on.

Put it in the lessons learned box for next time.

[CoLaNuT]

Sounds like it wouldn't be a nice place to work with supervisors like that anyway!

[bullit]

yeap sub contracto sucks dude two many bosses.. i dont think fair trade will do shit??? so ya got a med cert @ 7am?? if so u may have a case i would bleed the fukers and clain compo, fuk that rednek cunt boss good luck<>

[Sallubrious]

Normally I'd agree with with GOT, but in this particular instance I wouldn't be quite so certain.

If you were instructed by a medical professional working for the company to do something (go home and get an early night) then disregarding thier directions could have been grounds for dismissal too.

It sounds like you were really put in tough situation, damned if you do and damned if you don't.

If you want to push the issue then I'd think that the company has breached workcover regulations and the act of terminating your employment was done to reduce any liability they may incur because of their own negligence (letting you work without an induction).

What a fucking raw deal.

Just on a side note, I've noticed you posting on another forum under the same name (I assume it's you - sorry if I'm wrong) some borderline stuff and if you have a facebook profile it could be very easy for an employer to join the dots and get rid of someone they have investigated and deemed unsuitable as a result.

Taking a few steps to obscure your online presence (different login names) could make it harder for employers and prospective employers to finger you if they are that way inclined.

Most employers don't care about ethno stuff but some do, so I think it's wise not to giftwrap their clandestine research data and hand it to them on a plate.

Edited July 23, 2013 by SallyD

[Getafix]

Jox,

I would have to agree with GOT with regards to the induction.

I employ, induct etc a lot of subcontractors. There is definitely fault with the induction process of the company you were subbed out to and if you were to pursue legally it would definitely be an angle as they should never have let you on the site without the induction. The fact you have hurt yourself while working on a site THEY did not induct you into means they have instant liability.

I am sure the induction would have covered off all sorts of OHS including manual handling. It could be said you would not have the injury had they taken due care to induct you and cover off all related OHS related matters.

The guy who sacked you was panicking for sure as not only did he realise you weren't inducted you were injured as well. This can cost the company alot of coin

Look as you said there is absolutely a case to be had here even as a sub contractor but it will cost to prosecute.

Could be worth talking to employment lawyers and see what they think. it could be if they think the case is strong enough you could be represented on pay if we win the case basis.

Anyway mate very sorry to hear how this panned out for you, sounds like a cool job.

Getafix

[Jox]

Thanks again for everyone's feedback, I don't know if there is anything I can do about this but Sally has summed it up the best by saying "damned if you do damned if you don't" I feel like I have been fucked over & really don't know how I am going to pay my bills this week, I will call & get legal advise tomorrow & let you all know what is said.

@Sally, I am a member of the Cacti forum (USA) & use the same name but I rarely post there & never anything even close to borderline, can you please send me a PM letting me know what forum you are talking about, because if I am a member somewhere else I really can't remember, I have been stressed out & may have forgot all about it. Thank you.

Cheers

Jox

[theuserformallyknownasd00d]

The following is written by an unemployed bloke, sacked wrongly 2mths ago...

Fuck em bro, it'll eat you up too hard trying to deal with these utter kents. Is there any other work around the area? I haven't had any money for 2mths coming in besides my rent being covered, and I feel great LOL

I tried the whole fair work thing etc, but they can't actually advise you, only record it as you say and then refer you a tribunal date thingy. Maybe it's not like that 100% as I didn't follow it through, but they are really of no help. I had a lawyer tell me he could get me 4K very easily tbeough the courts, and that's with his fee paid!

But like I said, for me it was better moving on and I know I'm stronger just a short time after for it. You got a family, that would make it harder. You know what's right not us bruv!!

[Sallubrious]

Yeah it seems I was wrong there Jox the person posting on the other forum is from Mexico.

Sorry for the inference mate.

[theuserformallyknownasd00d]

Let those powerful super rare QLD subs work you straight... ;)

[Jox]

Thanks Sally I got your PM , for the last half an hour I have been racking my brain trying to work out what other forum I may have joined & wondering if I am losing the plot, at least I now know I am not going crazy

@ thed00d, Haha, that sounds like a plan mate.

Can I just thank you all again , this has had me quite upset for the last week as I don't know were to turn & no one has offered help or advise, BUT you lot have done just that for me today & it has really picked me up & made me feel alright. THANK YOU ALL from the bottom of my heart, you are all a great bunch of people!!

Cheers

Jox

[Sallubrious]

The more I think about this, the more I think you have a good case here Jox

I wouldn't worry about legal aid except maybe to assure that there is a good case and then look for a good lawyer. Employing you as contractor does give the company a certain degree of insulation but without reading contracts and workplace agreements ect it does seem wrong. Maybe you could find a lawyer that will take it on pro bono.

The way I see it their negligence and the underhanded way they've tried to sweep it under the carpet has cost you a significant sum of money. It could be argued that you are entitled to be paid out for the term of the contract or part thereof, plus legal fees & compensation for emotional distress they've caused ect.

The underlying facts that you were working without an induction and were following the orders of company medical staff are going to be hard to downplay in court. Also you didn't refuse to do the induction, you were just following instructions.

If you wanted to be a real pain in their arse you could lodge a workers comp claim and their insurance company would fuck them up the arse financially for letting you work and get injured without a safety induction. I wouldn't play it that way, but it would be a good piece of leverage for a lawyer to have up his sleeve handling a civil case.

All that being said, any legal resolution to it will yake years and could influence other prospective employers (particularly if you go for workers comp) so the best bet is to find another job as soon as you can.

Edited July 23, 2013 by SallyD

[SunChaser]

OMG, you people seem to have some really substandard work ethics. Dont get me wrong, Im all for workers rights, but companies do have to make a profit of some kind, why should they be obligated to hire people that have only worked for them for two weeks and refuse to put in any kind of effort, when they would have 30 other people prepared to get in there and have a go at it without all the dramas?

The whole reason they pay another company to hire you rather than hiring you directly is to weed out the people that are more trouble than there worth and dont really want to be there.

Man, I gotta bust my balls doing repetitive tasks all day long for $22 an hour in a dark cold factory, even just going for a piss out of smoko time has the supervisors looking at you like ya let them down. Theres 50 year old ladies there that are lifting 15 kg boxes all day long without creating any issues, because they got bills to pay and realise there just another shit in the can and can be easily be replaced.

Anyway, maybe you might be able to go to the ombudsman and go though a long drawn out process to have the company screwed over for not inducting you. But personally I think you dont have a leg to stand on and should probably leave these resources to people that have actually been terminated unfairly and maybe just put in some kind of effort next time.

Not having a go at you Joxs, you seem like a really good bloke. Just giving my opinion about work ethics in general lol, but WTF do I know, Ive recently spent 4 years just wondering around Australia smoking weed and shit doing everything in my power to avoid any kind of obligation what so ever.

Peace

[tedzr]

Ive recently spent 4 years just wondering around Australia smoking weed and shit doing everything in my power to avoid any kind of obligation what so ever.

ergo..

Man, I gotta bust my balls doing repetitive tasks all day long for $22 an hour in a dark cold factory, even just going for a piss out of smoko time has the supervisors looking at you like ya let them down.

Just sayin'.

It's those 50 year old ladies I feel sorry about!

[SunChaser]

Fair enough… So what does “ergo” mean?

Edited August 20, 2013 by SunChaser

[IndianDreaming]

cogito ergo sum - I think, therefore I am...

Edit: It's actually a double pun, ergograph - an instrument that measures and records the amount of work a muscle does during contraction...

Edited August 20, 2013 by IndianDreaming

[Leaves]

Sad to hear Jox, I myself would always do as I'm told especially on worksites/jobs that I don't know everyone well at yet. Being ex-Navy I have found it is the easiest/least stressful way. The OH&S standards in the Navy are off the chart and if you breach any of them you & who ever is in charge can get charged with extra work or they take some of your pay.

Sunchaser if you don't enjoy your job have you looked into Test & Tag? A one day course can be done and there is lots of big companies around to work for or even better still get your own test equipment and you can make a decent wage. I was charging $2.85 a tag in Sydney (cheapest around) and it takes under 2min per test. If you get big office contracts your laughing.

[SunChaser]

Really sorry Jox for coming off so insensitive in that last post, it seriously wasn’t directed at you though. More the people (who are for the most part probably silver spoon feed with there cushy high paid jobs) who were carrying on about how much of an injustice it was.

Lol, the fact that I had pulled my internal oblique and had also caught a killer flue off some feral prick at the time probably had something to do with my little tantrum as well I must admit, since I’m just working for a labour hire company and either have to work or starve! It’s no excuse though.

Edit: OMG I can rant on sometimes, lol.

Edited August 21, 2013 by SunChaser

[Jox]

@SunChaser, its all good mate. I have bad days too .

Thanks for everyone's response to this, I thought I should let you all know the outcome. I did get advise on my rights & it looks like I have been caught in a loop hole, the way I was treated on site was very wrong, the fact they let me on site with out an induction is highly illegal,I was told these two things I could take further & would have a very strong case IF the company I work for had also fired me but because they have keep me in a casual position there is nothing that can be done ! This is the loop hole, the company I work for has put me into a casual position & told me they will call me when work comes up, I have not heard back from them since, as long as I am on there books I can not pursue the matter further.

Thanks again everyone.

Regards

Jox