60 replies to this topic

[MorteiN]

Long story short - boss squirts me in face with fire extinguisher as practical joke getting me in the eyes and up the nose - I abuse him, complain to upper management (work place bullying) and the next day I'm sacked... What the fuck am I gonna do??

last Thursday my boss sprayed me in the face with a fire extinguisher, I lost my shit and abused him, then I went into the front office and made a complaint to upper management about workplace bullying and said he needs to make an incident report (profanity was used during this time also). I then left and went immediatly to the medical centre. The doc gave me a script for some antibiotics and throat lozenger shits.

Upon returning to work Friday they advise me that work is running out and that I should go home, and that he'd call me to talk about it that afternoon. He didnt call back. I rang all weekend, he couldn't tell me anything or get back in touch with me.

Returned to work this morning (Monday 21/5), 5 minutes after arriving I get a phone call from upper management saying "Your contract has been terminated please leave the premises now! dont do anything stupid" - I say to him "if work is running out then we should roster whats left amoungst the employees instead of sending me home...?" he laughs and says "your contract has been terminated because of complaints made as a result of your outburst last thursday" I say to him "why couldnt you tell me this on the phone?", he said He didnt have my contact details.... and said he'd call me back again later today to discuss it. Again no call...

Man shits so fucked up..... They've been underpaying me since I started too, fair work australia says I'm eligible for backpay - they advise I go to my employer and talk about it first. If he wont help, they can.
The upper management guy is ignoring me and wont get back to me, keeps putting me off saying he'll get back to me but never does... I need a certificate of seperation from him so I can get on centrelink too.


Reckon unfair dismissal is a possibility? - I'm there on casual rates but working 38 hr weeks for the last 18 months... then this happens...
Any help guys, anyone been through anything similar? Any advice would be much appreciated... I'm fkn depressed...........

Edited by MorteiN, 21 May 2012 - 04:34 PM.

[Evil Genius]

Do you have some kind of "Work-Court" in Australia? In germany, we have something called "Arbeitsgericht" what is only for people who were wrongfully treated at their job. Cant really say how the legal situation in australia is, but in germany you´d be able to sue the hell out of them for this. But this is also depending on how bad your profanity really was. But no matter what, if you have some kind of work related court instance, you will probably win this. How long have you been there? Did you have a full work-contract?

[space cadet swami]

I think u'll find that if u've been doing 38hrs/wk for 18mths then u should have been put on permanent, unless ur a sub-contractor. Otherwise the hrs have to be kept below 30hrs/week. If ur a suby ur screwed, but, if ur on wages they can't put anyone on to replace you without offering the job back to you 1st. if they distribute your hrs between the other staff then that is unfair dismissal. The only one who can take this up with them is "The office of Fair Trading". Don't stress too much, because if it is unfair dismissal, they'll have too back pay u from the time of dismissal & offer to re-instate you.

I suppose the question is, "Do you really want to work with a pack of arsehole fucks anyway?". Everything happens for a reason, obviously the job u really want is just around the corner. Get ready for what's about to turn up. If you were still gainfully employed by "dick fuck & his crew of fuckwits" then you wouldn't be available for the job you really want.

Good luck with it all. You obviously need a little time out before you start your next venture.

Stay positive mate.

[applesnail]

i worked for a builder once who use to shoot me with a nail gun from a distance as a joke...untill one day i threw the hammer i was using full speed at his head..(luckily it missed)..he never done it again tho, sometimes you gotta stand up for yr self when working for cocksuckers...if your employed as a casual you may have trouble with unfair dismissal, thats why they hire one as a casual, here one day gone the next, if you've been underpaid take it thru the due process, and he will have to pay up....sometimes its easier to just find another job when it comes to working for wankers and dealing with centrelinks bullshit!

[naja naja]

Long story short - boss squirts me in face with fire extinguisher as practical joke getting me in the eyes and up the nose - I abuse him, complain to upper management (work place bullying) and the next day I'm sacked... What the fuck am I gonna do??

last Thursday my boss sprayed me in the face with a fire extinguisher, I lost my shit and abused him, then I went into the front office and made a complaint to upper management about workplace bullying and said he needs to make an incident report (profanity was used during this time also). I then left and went immediatly to the medical centre. The doc gave me a script for some antibiotics and throat lozenger shits.

Upon returning to work Friday they advise me that work is running out and that I should go home, and that he'd call me to talk about it that afternoon. He didnt call back. I rang all weekend, he couldn't tell me anything or get back in touch with me.

Returned to work this morning (Monday 21/5), 5 minutes after arriving I get a phone call from upper management saying "Your contract has been terminated please leave the premises now! dont do anything stupid" - I say to him "if work is running out then we should roster whats left amoungst the employees instead of sending me home...?" he laughs and says "your contract has been terminated because of complaints made as a result of your outburst last thursday" I say to him "why couldnt you tell me this on the phone?", he said He didnt have my contact details.... and said he'd call me back again later today to discuss it. Again no call...

Man shits so fucked up..... They've been underpaying me since I started too, fair work australia says I'm eligible for backpay - they advise I go to my employer and talk about it first. If he wont help, they can.
The upper management guy is ignoring me and wont get back to me, keeps putting me off saying he'll get back to me but never does... I need a certificate of seperation from him so I can get on centrelink too.


Reckon unfair dismissal is a possibility? - I'm there on casual rates but working 38 hr weeks for the last 18 months... then this happens...
Any help guys, anyone been through anything similar? Any advice would be much appreciated... I'm fkn depressed...........

If u have been employed for over 12months they are required by law to give u two weeks notice, just as a full timer would recieve. Or pay u out for those two weeks. Get ur cash and go find another job, make sure u go bacc there though and abuse them infront of as many public members as u can, repeating wat u have just said here, u are firing me, cause u sprayed me in the face with a fire extinguisher. Call OH & S, I'm sure it's against the law to spray people with a fire extinguisher. Infact, u could sue him for physical and psychological abuse. Just wonder whether it's worth it, or just abuse him and leave. It'll achive nothing, but make u feel better.

Peace

[self organising systems]

yeah mate naja's right about pay

http://www.fairwork....es/default.aspx
http://www.fairwork....es/default.aspx

i'd say don't do anything illegal. you need to go to the ombudsmen. the NSW ombudsmen can proper fuck a business where things like this are permitted. if you go about it in the right way, and you havn't left out any details, it sounds like you would have a case


edit: sending good vibes your way

Edited by bulls on parade, 21 May 2012 - 06:43 PM.

[incognito]

Are u looking for work? Where abouts are u??

[quarterflesh]

you probly dont need a certificate of seperation as badly as you think. i forgot to give one to a guy i fired and centerlink ended up calling me just to check he worked for me and when he was laid off. depends how badly you want to go back to the workplace and ask for one i guess. sounds like you wored for a pack of ass holes. some fire extinguishers can be very dangerous and fill your lungs some bad shit.

[MorteiN]

I'm stressing cause this fuckbag wont get back to me, and I read on the unfair dismissal site that you need to launch your claim within 14 days of being dismissed... But I don't have a god damn certificate of seperation (maybe unfair dismissal will call him, as centrelink will also do)

On the 28th of this month I have an interview with centrelink and if I haven't been able to get a CoS by then they'll call him. I have a consultation receipt from the docs, hopefully the lazy prick actually jotted down what I was there for. I have since read that I should of sat there and viewed the manager document this incident in some "injuries register" at work. I am unsure considering my injuries werent sevre and present at the time or really existant at all (not that, should matter).

to NAJA: Does this apply to casual employees getting the two weeks notice, I've been employed there since october 2010 almost always working more than a 30 hour week. (38 was the standard shift)

to Spacecadet: I'm no contractor... been there working full weeks (never under 30hrs a week) for the past year and a half as a casual employee.
As for the working with ass holes, I guess yeah Fuck I do want it more than being unemployed the money was easy... job nice, co-workers not too bad - had a real personality clash with the boss tho.

When I call the guy he just fucken flicks me off... Hes an ex coppa and has such a way of being able to flick you with one sentance keep u hanging... so fucked...
Tomorrow I shall ring The Fair Work Ombudsmen - Today I was at centrelink (took me a fucken hour to be able to book an appointment for next week...)
She did tell me that she would call him If I can't get through to him by the appointment date tho.

Edited by MorteiN, 21 May 2012 - 09:53 PM.

[waterboy]

No ones mentioned it but a bit of independant legal advice might not go astray.Industrial relation courts can be a real shitfight, if unfair dismissal is the go.

Here bullying and harassment fits under another realm. If found not in your favor , you pay all court costs.

(still thinking pick axe handle..... but that would be wrong....at least until the issue is resolved)

Edited by waterboy, 21 May 2012 - 07:39 PM.

[sub standard]

Don't stress bout centrelink mate you'll be right there.Don't let the employers get away with that bullshit though, you have got a big case there,hopefully you may have had a work mate witness the incident.Nuthin worse than power trippers/bullys in the workforce,especially as he seems older than you and should know BETTER! Good luck with it!!

[GoOnThen]

There is a lot of good advise written above.
What I would suggest is to document every thing that has happened (times and dates) you need to sit down for however long it takes and write it down . You must do this if you want to make a claim against them or take them for unfair dismissal. You are at a point now where you do not want to communicate with them verbally at all you need to write to them and keep a copy of all correspondence on file. All correspondence must be done in a business like manner and with out delay.
Do you have a signed employment contract? If you do this could work in your favour as there are a lot of businesses that employ people under the wrong awards and if it is documented then they are in trouble.

Work safe is the place to speak to in regards to the twat spraying you in the face with the fire extinguisher as this would come under a dangerous work practise.
I am glad you said what sort of work that you do as I am now sure that going to your local Worksafe department will help you to some degree and it will more that likely bring you a lot of joy. There is nothing that a business hates more than worksafe calling in to inspect a workplace so when you contact them make sure you have not only your issue with the fire extinguisher written down but all of the unsafe work practices that they do on a daily bases and the plant and equipment that is not in a safe working condition. The list of things that they can get work orders for is never ending belive me worksafe is your friend and your ex bosses nightmare unless by chance they are on top of all safety requirements. I do not know of a company that has had an inspection by Worksafe WA that didn't receive at least one work order.

I am sorry I don't have time to write any more at the moment but here is the link http://www.workcover...es/default.aspx

Cheers
Got

[Xenodimensional]

Call industrial relations asap.

[MorteiN]

Thanks for all the good advise guys. I shall be making my next move tomorrow. I will call the fair work ombudsmen I am thinking.
These compensation lawyers that don't charge you until the case is over, or if its a success or not, are they good?

Hey Incognito - I am looking for work, yes. I'm in Sydney.

[space cadet swami]

the lawyers will take 40-60% of the final settlement...robbing dogs.

Good luck man

[MorteiN]

^ Thanks space cadet & Thanks everyone. I'll let you know how I go tomorrow.

[incognito]

I only ever got truly unfair dismissed once. My legal aid lawyer got me a nice payout and all unpaid superannuation. I would seek legal council. Legal aid have some good lawyers.

Not legal aid lawyers, I paid $70 for a FAIR sum of money. They get the rest from the gov.

Edited by incognito, 22 May 2012 - 03:04 AM.

[Marklar]

Just wanted to add i did a basic firefighting course as part of my training to go offshore and they couldnt stress it enough that we not use the equipment for anything other than a fire, even using a firee hose can get you something like a 5 or even 10 grand fine for yourself and a 50 grand fine for the company. So if theyve really pisseed you off that much and they deserve definately bring tfhat one up

[MorteiN]

The fair work ombudsmen started giving me contradictory information. Telling me that if I am casual they can get rid of me any time they want really, and don't have to produce a certificate of seperation. This contradicts what I read on the unfair dismissal website with them telling me if I've been employed for longer than 12 months with regular and systematic employment then I need a fortnights notice.

At this point my homephone shat itself and the conversation was cut.

I decided to ring a mob called "Employee Assist" they are legal aid compensation lawyers. The bloke I spoke to seemed to think I have an undeniable case here, and is happy to work with me.
He told me that they take 30% of what ever they are able to gain for me. I am going to have to be alright with this - the headfuck of the government departments is just wayyy too contradictory and confusing for me to handle...

- I have an appointment with Centrelink on the 28th of this month,
- Employee Assist mentioned that it might take about 4 weeks for any progress to be made (hes aware of the 14 day period and is launching cases ASAP)

So thats where I stand now guys - guess its time to play the waiting game...... FUARKKKKKKK so frustrating.


Incog has offered me some fruit picking work - what a legendary doode! - much appreciated man. I'll need more time to consider my options and decide what I'm gonna do.

Edited by MorteiN, 22 May 2012 - 01:37 PM.

[incognito]

Hahaha not fruit picking. More blowing down conveyor tunnels and cleaning out conveyor boots of rancid grain with very high sodium hydroxide levels. Not pretty but good beans over harvest time. (if u can hack it)

I would go with the legal aid advice. They r cunning and street smart. 30% is fine.
May as well go through with it now.

Seriously I have won two quite significant law cases with legal aid lawyers, who stomped the other teams highly paid lawyers.

We r such a lucky country to have legal aid

What happens with centre link is they contact ur previous employer for a sep cert. if ur employer is unwilling to provide ( which he has to by aid gov law) centre link will back pay you to your first contact with them.

Don't stress to hard, it's just a job, I've been sacked, quit and bullied out of about 15 of them I reckon. Go to tafe man for free on clink of u have to, and lear something u really like. I loved my tafe student days , almost free education, tafe rocks

Edited by incognito, 22 May 2012 - 02:17 PM.

[MorteiN]

^ Cheap/free tafe is definitely an option. I'll see what pans out.
Thats excellent you've had so much success with the legal aid lawyers. I hope my case goes well, he seemed pretty confident.

[Heretic]

spraying you with a fire extinguisher most certainly is workplace abuse . much good advice above - try to get redress somehow , imo .

[MorteiN]

^ What do you mean by redress?

[satyr]

^ What do you mean by redress?

Synonyms:
verb. repair - rectify - retrieve - remedy - compensate
noun. reparation - compensation - indemnity - amends

[CβL]