topic Re: Unfair Dismissal in Community Spirit

Unfair Dismissal

grandmoon — Sun, 24 Feb 2013 03:01:51 GMT

A friends Granddaughter was working for a large retail store.

Last Thursday when she knocking off she was at a checkout paying for something she was buying when a customer complained that she and the checkout operator were not working but just talking.

On friday when she arrived at work she was called into her supervisors office and after a short conversation she was sacked on the spot.

This was the first time she had been in trouble.

Re: Unfair Dismissal

clair.de.lune — Sun, 24 Feb 2013 03:04:20 GMT

Can you tell DDU it's Easter again soon and I hope she returns for my annual Easter gift

Re: Unfair Dismissal

izabsmiling — Sun, 24 Feb 2013 03:04:30 GMT

That doesn't sound right Grandmoon .Was she on trial or had she been there a while ?

Re: Unfair Dismissal

beanishells — Sun, 24 Feb 2013 03:04:41 GMT

Was she still at work and paying for it or had she knocked off and was in her own time?

Its unusual to be sacked on the spot, you are usually given up to 3 warnings first.

Were there other circumstances you may be unaware of?

Its still horrible to be fired.

Re: Unfair Dismissal

izabsmiling — Sun, 24 Feb 2013 03:05:36 GMT

Clair, are you going to give her your rooster chicks for Easter ?

or did they turn out to be hens ?

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:06:14 GMT

Is she employed as a casual? If so she doesn't have any recourse.

You/we don't know if she has done other things prior to this that the employer isn't happy with.

Re: Unfair Dismissal

izabsmiling — Sun, 24 Feb 2013 03:06:36 GMT

Was the check-out operator sacked or the girl who had knocked off ?

Re: Unfair Dismissal

clair.de.lune — Sun, 24 Feb 2013 03:07:44 GMT

Still don't know for sure yet iza lol but just they way they play I'm thinking most are roosters

Would hens play at running up against each other?

Re: Unfair Dismissal

*pepe — Sun, 24 Feb 2013 03:08:21 GMT

Can you tell DDU it's Easter again soon and I hope she returns for my annual Easter gift

are you going to post that bunny pic again? :^O

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:10:22 GMT

A casual employee who has been employed on a regular and systematic basis, with a reasonable expectation of continuing in their course of employment, might be able to bring a claim of unfair dismissal.

It should be noted that a casual employee must be employed for at least six months in a business that has more than 15 employees, or for 12 months in a small business in order to bring a claim for unfair dismissal.

Australian case law has reinforced the regular and systematic employment requirements under the Fair Work Act, and has made further additions to what constitutes regular and systematic work.

The courts have judged that if the amount of hours worked were small, and the days of work irregular, further proof may be needed in order to show that a casual employee has been regularly employed by the company.

However, if there was a clear pattern of rostered hours, proof of regular employment might be established in such a circumstance. Furthermore, if the amount of hours a casual has worked exceeds a full-time workload, this may be used as proof of regular and systematic employment. So, casual employees aren’t completely denied from making a claim against unfair dismissal.

http://www.findlaw.com.au/articles/4317/casual-employees-and-unfair-dismissal-laws.aspx

Re: Unfair Dismissal

grandmoon — Sun, 24 Feb 2013 03:11:24 GMT

That doesn't sound right Grandmoon .Was she on trial or had she been there a while ?

She has been working for the company for over 12 months and had been shifted to a new store because she was very good at her job.

Re: Unfair Dismissal

grandmoon — Sun, 24 Feb 2013 03:15:33 GMT

Was the check-out operator sacked or the girl who had knocked off ?

No the checkout operator wasn't sacked as she has a different supervisor. Just the girl who was knocking off.

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:18:06 GMT

She has been working for the company for over 12 months and had been shifted to a new store because she was very good at her job.

Is she employed as a casual though?

Does she have regular hours there?

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:19:28 GMT

Managers/supervisors of large retails stores usually know the employment laws and what they can and can't get away with.

Re: Unfair Dismissal

grandmoon — Sun, 24 Feb 2013 03:21:17 GMT

Was she still at work and paying for it or had she knocked off and was in her own time?

Its unusual to be sacked on the spot, you are usually given up to 3 warnings first.

Were there other circumstances you may be unaware of?

Its still horrible to be fired.

She had knocked off and was walking through the store and saw something she thought her grandma would like.

I also thought that she would have been given warning but it seemed to have been a personality thing.

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:21:27 GMT

she was called into her supervisors office and after a short conversation she was sacked on the spot.

What were the details of this conversation... you are being fired because of your lacking work performance or you are being let go because we have had a downturn in sales and don't need so many staff?

Re: Unfair Dismissal

clair.de.lune — Sun, 24 Feb 2013 03:24:46 GMT

are you going to post that bunny pic again?

Only if she returns. ddmoon can you ask ddu to come back and visit for Easter I want to show her my newest baby chicken and ask her why my rooster looks so motley lately is it just molting?

Re: Unfair Dismissal

grandmoon — Sun, 24 Feb 2013 03:25:02 GMT

Is she employed as a casual though?

Does she have regular hours there?

She is permanent part time and works 5 hours per day

Re: Unfair Dismissal

beanishells — Sun, 24 Feb 2013 03:26:19 GMT

She had knocked off and was walking through the store and saw something she thought her grandma would like.

I also thought that she would have been given warning but it seemed to have been a personality thing.

Yes that is sometimes what happens. She cant be fired for something that happened in her own time though. She was no longer "at work" but a customer, like anyone else.

You know, I would make HUGE waves if that is the case. I would go straight to the top... I have often written letters to head office and gotten results, on my behalf and others. I dont let an injustice go by... NO WAY.

Re: Unfair Dismissal

cherry*135 — Sun, 24 Feb 2013 03:26:37 GMT

How many days a week?

What reason did they give her for firing her?