Just got put on casual.....

[ANDY_M]

Im not real happy about this but... I just got put on casual because I walked out of work on Friday because of a lot of reasons, life and work related, told my supervisor that I had booked a doctors appointment. Anyway long story short got told I had depression and anxiety and got referred to a psychologist which is tomorrow and got told to take a week off................ went to work today and signed in at a prestart meeting worked for an hour and was told to go see one of three bosses................... got put on casual instead of being full time, I was told to go home then half way home, I got a phone call to say take my toolbox...... to me this means f#*£ off.. pardon my language please. obviously they have had to deal with a lot of workers like me and had their own stories to tell. I couldn't get involved in a pissing contest... and don't see it working out, I have a house to pay off and all the rest.... just wanting to know if anybody has had dealings like this and what action was takin, any kind words would also help as im feeling pretty down and not in a good place right now..

[Stropp]

sorry to hear that andy, there is a depression thread on this forum, mate i cant offer advice regarding the work situation but maybe one of the other lads can. I hope things work out for you, one thing is are you a union member because thats the first port of call to make if you are. good luck mate and keep your chin up and make sure that you see the psychologist.

[BigRAWesty]

Pretty sure they can't do that..
I'd be giving work place relations a call mate.. Just because your goingvto a tough time they can't demote or Fire you..

But all the best mate. If you need a chat jump on and chat away..
And beyond blue is a great Male help line. Heard many good things about them..

[Cuppa]

Seeing the union is a good call if you're a member. No shame in seeing the psychologist, but remember that if you don't 'click' with him/her, shop around. Doesn't even have to be a psychologist, there are some great counsellors around, & having the 'non judgemental space' just to tak about your 'stuff' with the support they offer can make all the difference, even if it feel like it won't.

Good luck mate.

Cuppa

[rusty_nail]

if you are a fulltime employee mate, for them to "demote" you to casual you need to sign a new contract. otherwise you are still a fulltime worker, it sounds like they just dont want to pay for your entitlements such as sick pay. how long have you been there for? have you still got a copy of your work contract? as stropp said, i'd be talking to your union.

[Hodge]

G'day mate hope everything works out. Don't just bend over and take it.
We've had a bloke go through a similar process in the last year or so. Company attempted to re-trench him elsewhere so as he would not cost them much in terms of sick pay / leave etc. He went through the union and the company quickly back-paddled and re-instated his position and gave him plenty of support and time off.

[ANDY_M]

Unfortunately I'm not in a union. Just basically have been shafted. Mind you this coming from the same boss that was going to sack me for not cleaning his car after a service (200 series junk). I just can't believe I'm being bullied by a grown man.

[BigRAWesty]

Yea mate.. Not cool. And not right..
If you can I'd be perusing the correct avenues as what he is doing to you would not be helping.

Everyone has rights mate and he is really crossing the line...
Which industry are you in? We may be able to put you onto you local union member, if not a quick call to the work Place ombudsmen
http://www.fairwork.gov.au/Pages/default.aspx

[MudRunnerTD]

if you are a fulltime employee mate, for them to "demote" you to casual you need to sign a new contract. otherwise you are still a fulltime worker, it sounds like they just dont want to pay for your entitlements such as sick pay. how long have you been there for? have you still got a copy of your work contract? as stropp said, i'd be talking to your union.

X2

They can't alter your employment position without negotiation. To make you a casual from a full timer they would have to cease your employment and pay out your entitled annual leave and confirm that your Super is up to date. If you have already got a medical certificate referring you to a councillor and you have presented that to your employer then if they change your status take them for Unfair Dismissal. THEY WILL LOOSE.

To change you to casual is a dismissal of your full time status and the commission would view them very badly if you prove they knew you had the medical certificate.

How many staff at the workplace? What kind of workplace?

As others have stated mate, take the help that is offered and make the call and talk to people. It helps mate ALLOT.

good luck mate

[Clunk]

x3 with Rusty and Mudrunner.... I'm not going to repeat what they've just typed but I do wish you all the very best mate and hope things work out

[ANDY_M]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

[MudRunnerTD]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

That is Good. Not a Chance mate!!! if you were in a little 2 or 3 man show then it gets a little tougher. a company that size will pay the price mate. Good luck.

[krbrooking]

Like everyone above said mate they have no right doing what they have done at all. All you have to do is call fair work trading or the ombudsman and give them the details of what has gone down and they will take the matter further and deal with them accordingly. You will prob be given the option of mediation between you,them and the ombudsman or outright prosecution. The time you had off and/or would have been having off would/could fall under stress leave or something of the like.

On another note I believe EVERYTHING happens for a reason and maybe you are better off out of there by the sounds of it.

Regarding what you are going through mate, the first step is recognising it (which you have done). From here on it is only upwards. Keep us posted on what happens.

All the best mate and good luck.


Sent from my iPhone using Motorculture mobile app

[threedogs]

Don't you need 2 written warnings before they can sack you.

[rusty_nail]

I am a mechanic servicing and maintaining all our fleet vehicles (Trucks, cars and machinery), which to him is scum as we have boilermakers and fitters who are the "big dogs", Its a fairly big company with about 200 employees?? Mine related so there are field service blokes and people who work in town.

one other thing mate, which i asked you about before but you musta missed it. there is only one way this could happen. how long have you been there for? unfortunately gor you if you have only been there for a short period of time, and are still in your probation period they are entitled to do what ever they like... good luck mate

[lorrieandjas]

Don't you need 2 written warnings before they can sack you.

Not necessarily. Its a long convoluted explanation - but not always.

Jas

[lorrieandjas]

Hi mate - that is not good at all. As others know on the forum I have access to a number of legal resources so if you want an unbiased opinion I am more than happy to review your employment contract and provide some advice. On face value of what you have stated thus far I can advise the following:

1. Unless your contract states it explicitly your leaving work on Friday would not be deemed dereliction of duty. There is normally standard provisions for that.
2. The existence of a pre-existing (but undiagnosed) medical condition works firmly in your favour in terms of your employer's responsibility and they must have provisions for return to work standards.
3. There's a lot more in your favour, however at this stage I (or a lawyer of your choice) will be better able to advise once your contract has been reviewed.

If you do decide to go down the legal path see if you can't get someone to represent you on a "no-win, no-fee" basis. A while ago this meant that the lawyer would take most of what you were awarded but nowadays there are strict rules in the legal profession about what can be charged.

Another person with some knowledge in this area is RLI (Paul).

Feel free to PM me if you have any questions.

Jas

[ANDY_M]

I have been there 11 months. I have seen another guy put on casual but he wasn't told to take his toolbox on the day..... At work we have been told to tell our supervisor if we intend on going home, I go to work every day, and worked nearly every Saturday and even run the shop last Christmas. I have never left work under these circumstances ever. Kinda wish I never did because it has ended up being a shit fight. I haven't been sacked, He is trying to make me quit....

[BigRAWesty]

If you were On a full time contract then your probation would be finished and you are a part of the furniture..

You mention your in mining, or a branch of. Pretty sure the CMFEU will be the union to speak to. Maybe get them to come have a chat to the work Force. I don't agree with all the Union stand for, but when it comes to workers rights and fair work, Its great to have a firm voice to put it up management..

[oncedisturbed]

Not good to hear and no they can't do that. With warnings, it must be 3 written warnings for the incident in a 12 month period before getting the flick unless the incident is criminal offence.

Go to consumer employment protection / fair work and lodge a claim

Also if you become a Union member now, it wont be backdated or retrospective cover, industrial representation usually needs a minimum of being financial for at least 12 months prior to the incident, well it used to be when I was a rep but it may change from union to union


Never underestimate the power of the darkside, let the tap flow through you.

[Rustyboner81]

Theres no room for bullying or harasment in the mining industry anymore.

Looks like you should stick it to them and start looking elsewhere