Unfair Dismissal

[grandmoon]

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.

[cherry*135]

Who doesn't get notice of termination?

The notice periods specified don’t apply to:

a casual employee

...

http://www.fairwork.gov.au/termination/notice-periods/pages/who-does-not-get-notice-of-termination.aspx

[j*oono]

I suppose you can be sacked on the spot but still have your notice paid out.  I imagine that is how it would work in a retail store.

[punch*drunk]

Nothing annoys me more when you are waiting to get served than staff chatting and ignoring you. Its one of my pet hates, cant say I ever actually complained to management about it though.

[beanishells]

Nothing annoys me more when you are waiting to get served than staff chatting and ignoring you. Its one of my pet hates, cant say I ever actually complained to management about it though.

Same here... had three pharmacist ladies having a lovely chat, as I stood behind the counter right in front of them, for several minutes before they said, Is anyone serving you dear? I deliberately waited as i was curious to see how long it would take them to remember I was a customer. I didnt complain,though I certainly could have.

I have trained several people in customer service and thats not how it goes.... you are there to work, not have a chat-fest.  I am not standing there waiting to hear what Mike said to Geoff and how many hours it took to do their perm, after all.

[cherry*135]

I suppose you can be sacked on the spot but still have your notice paid out.  I imagine that is how it would work in a retail store.

True, but we don't know if that was the case here. If it was, then the person let go most likely was part time. If no notice was given, then they are most likely casual employees with different rights to p/timers, which would also affect dismissal procedures.

[izabsmiling]

she wasn't 'working' at the time though was she ?

[catsnknots]

The was Big W.

Woolies owns Big W..... 

could be that she is just a casualty of the economic slow down.... 

[catsnknots]

Nothing annoys me more when you are waiting to get served than staff chatting and ignoring you. Its one of my pet hates, cant say I ever actually complained to management about it though.

When I moved from Port Melbourne to Bundaberg I was so frustrated that the staff in the shops always talked so much to the customers.... 

ten years on I love the fact that the staff take time to talk to the customers.... 

it is all a matter of perspective... the slower pace is perfect and I love it.. 

[cherry*135]

iza - I think it depends on exactly what reason she was given when she was dismissed.. no further details on this don't seem to be forthcoming on this from the OP. It is not even clear who the customer complained to. Did she finish her transaction and head to the store office to complain?

I can't believe an employer/manager/supervisor (someone with power to hire and fire) in a large retail store would dismiss an employee simply for having one convo with another staff member as the person was paying for an item after their shift.

This person in power of being able to hire and fire, in a large retail store, would know the employee laws for dismissing staff that are full time/pt time and casuals.

I am not saying that employers can't be dodgy or that people can't be fired due to personality conflicts but the employer is usually very careful they are not breaking the law in when they dismiss employees, especially if it is a large retail store... they don't want to be taken to employment court, sued etc.

[katydidthat]

Good to hear that she's a union member.  The organiser should be aware of all the rules.  Most awards contain provisions for a series of verbal/written warnings, followed by a final warning, and then dismissal.  Following that are appeal provisions.  

In some cases, a return to work after an unfair dismissal is not seen as a good idea, however, if she can be under a different supervisor, or in a different location (as seems to be the case), then it can be fine.  

There are two remedies for unfair dismissal:  compensation and reinstatement.  She needs to think about her preference.  

She also needs to understand her Centrelink options.