Raven
2007-10-16 06:48:55 UTC
The story unfolds... never mind fairness this is an example of a poor
employer legally dismissing an employee.
May I ask your indulgence and tell you my own view on the 2007
election. I have until recently worked for 3 years as a part time
casual at a large local camera store in Maroochydore. Being a
Professional Photographer it was beneficial to myself and I thought my
knowledge was valuable to my employer.
Earlier this year I was asked to vacuum the floor with an old vacuum
cleaner having done half the floor I found the electrical cable had
worn through and the wires were exposed, as per my responsibilities
under workplace health and safety I reported this to my employer and
was told he would fix it. A short time later the cleaner was returned
to me with some sticky tape round the damaged cord area. I considered
this to be unsafe and refused to use the equipment. I based this
decision on the fact that I had been a member of the Occupational
Health and Safety committee at the university where I was previously
employed for 16 years, My wife is a trained Occupational health and
safety nurse and my son is an Occupational health and safety manager
at a mine so Occ health and safety is a fairly common discussion in
our home, so I am fairly aware of my responsibilities.
My employer gave me a simple choice "Use the equipment or leave".
Rather than risk my life (I refuse to have "Died while vacuuming the
floor" inscribed on my tombstone :) and endanger the lives of
customers and other staff, I left. As soon as I got home I called the
local Occupational Health and Safety office and reported the incident.
They attended the scene and found the item to be faulty and dangerous.
Now the interesting part. If I had used this equipment under
Queensland Occupational Health and Safety laws I would be liable for a
fine not exceeding $20,000 and or up to 12 months in prison. However
after extensive discussion with the federal workplace minister Joe
Hockey and his office I have been informed under the federal law it is
neither unlawful or unfair dismissal for my employer to sack me for
refusing to use dangerous equipment. Let me repeat that It is not
illegal to sack a worker for refusing to break the law and endanger
their life and the lives of others.
I took this matter to the AIRC as there was no assistance available
from the government for sacked workers I had to attend by myself. I
managed to bluff my way through the meeting and negotiated a return to
work with 4 points agreed on by my employer and myself. He required
that I park my car in the correct car park and wear the correct colour
shirt one day a week. I required that I return to work on the same
duties as before and that my employer not abuse either myself or other
staff or customers.
These were agreed on and the commissioner made a point of emphasizing
my disability to my employer ( i am dyslexic and find writing quickly
and accurately under pressure impossible)
On my return to work I was presented with a document with 32 new
duties for me to perform 12 of these new duties involved reading and
writing something my employer had been specifically told I was not
capable of performing and that I had repeatedly told my employer I was
not capable of doing over my previous 3 years employment.
I stressed out and went off on sick leave, my doctor approved this and
I was accepted for work-cover payments. I checked with the AIRC saying
we had negotiated an agreement and my employer had not kept his side
of that agreement what happens next? Their reply was slightly
confronting they just said that they had negotiated a return to work
so the case was closed there was absolutely no responsibility on their
part that the employer keep to the agreement. Once the matter leaves
the AIRC then that is the end of it.
I was pretty disappointed with this with this to say the least.
I contacted my local member of parliament a Liberal while his office
was very concerned but was unable to do anything to assist me other
than tell me that they thought the system was unfair and did not
protect workers.
Sometime later I was still on work-cover payments I received a letter
from my superannuation company informing me that my employer had
ceased my super payments because my employment had been terminated. I
had been sacked while I was on sick leave this was unlawful dismissal
under workchoices legislation so I contacted the Workchoices office
they agreed that it was unlawful but told me there was nothing they or
any other government department could do to assist me. I mentioned
the workchoices advertisement offering protection to workers and was
told that that did not cover this situation.
I phoned the workplace ombudsman and was told "Get a Lawyer" when I
suggested that it may be a case they should investigate I was told
that I was being uncooperative and they hung up on me.
I again contacted my local member and they contacted Joe Hockey's
office I got an email from Joe Hockey's office saying that this was a
matter that the Workplace Ombudsman could and should investigate and
that a senior officer from the Brisbane office would contact me
shortly, a person called and I explained the situation he said that
there was nothing they could do. I suggested that I had been sacked
while on sick leave and that this was unlawful by their laws he
replied "If we help you then we would also have to help your
employer" I told him that Hockey's office had said that this was
something they could investigate, he replied and I quote "The minister
and his department have no idea about the legislation or what is going
on"
I again contacted my local member and Hockey's office and they agreed
that this was not a matter for the ombudsman and that there was no
assistance available to me.
Being an annoying and very determined person I again contacted Joe
Hockey's office after he stated publicly that "he would investigate
any wrongdoing by either union or employer". He was, of course,
defending using government funds to investigate alleged union wrong
doings.
I again was contacted by a senior person in the workplace ombudsman's
office who at least made what appeared to be an attempt to get some
assistance for me.
So far nothing has been forthcoming. To sum up a long story all the
advertising all the assurances all the "Protected by law" statements
are worthless propaganda, when it comes to the crunch, the new
workplace laws are written for and by employers. Employees have had
their basic working rights that have ben fought for by generations of
unions and workers stripped away.
I will continue to fight and annoy them as much as possible. I will
also tell my story to anyone who will listen.
If you have made it this far through my story thank you. I am not
alone in unfair or unlawful dismissal I have heard many similar
stories but unless a worker can come up with the $40,000 or so to take
the case to a federal court the employer escapes any justice.
Why will I not be voting for John Howard and his team of supporters? I
think you get the main idea.
Is there a Liberal in this NG who would come up with a solution?name
withheld.....
employer legally dismissing an employee.
May I ask your indulgence and tell you my own view on the 2007
election. I have until recently worked for 3 years as a part time
casual at a large local camera store in Maroochydore. Being a
Professional Photographer it was beneficial to myself and I thought my
knowledge was valuable to my employer.
Earlier this year I was asked to vacuum the floor with an old vacuum
cleaner having done half the floor I found the electrical cable had
worn through and the wires were exposed, as per my responsibilities
under workplace health and safety I reported this to my employer and
was told he would fix it. A short time later the cleaner was returned
to me with some sticky tape round the damaged cord area. I considered
this to be unsafe and refused to use the equipment. I based this
decision on the fact that I had been a member of the Occupational
Health and Safety committee at the university where I was previously
employed for 16 years, My wife is a trained Occupational health and
safety nurse and my son is an Occupational health and safety manager
at a mine so Occ health and safety is a fairly common discussion in
our home, so I am fairly aware of my responsibilities.
My employer gave me a simple choice "Use the equipment or leave".
Rather than risk my life (I refuse to have "Died while vacuuming the
floor" inscribed on my tombstone :) and endanger the lives of
customers and other staff, I left. As soon as I got home I called the
local Occupational Health and Safety office and reported the incident.
They attended the scene and found the item to be faulty and dangerous.
Now the interesting part. If I had used this equipment under
Queensland Occupational Health and Safety laws I would be liable for a
fine not exceeding $20,000 and or up to 12 months in prison. However
after extensive discussion with the federal workplace minister Joe
Hockey and his office I have been informed under the federal law it is
neither unlawful or unfair dismissal for my employer to sack me for
refusing to use dangerous equipment. Let me repeat that It is not
illegal to sack a worker for refusing to break the law and endanger
their life and the lives of others.
I took this matter to the AIRC as there was no assistance available
from the government for sacked workers I had to attend by myself. I
managed to bluff my way through the meeting and negotiated a return to
work with 4 points agreed on by my employer and myself. He required
that I park my car in the correct car park and wear the correct colour
shirt one day a week. I required that I return to work on the same
duties as before and that my employer not abuse either myself or other
staff or customers.
These were agreed on and the commissioner made a point of emphasizing
my disability to my employer ( i am dyslexic and find writing quickly
and accurately under pressure impossible)
On my return to work I was presented with a document with 32 new
duties for me to perform 12 of these new duties involved reading and
writing something my employer had been specifically told I was not
capable of performing and that I had repeatedly told my employer I was
not capable of doing over my previous 3 years employment.
I stressed out and went off on sick leave, my doctor approved this and
I was accepted for work-cover payments. I checked with the AIRC saying
we had negotiated an agreement and my employer had not kept his side
of that agreement what happens next? Their reply was slightly
confronting they just said that they had negotiated a return to work
so the case was closed there was absolutely no responsibility on their
part that the employer keep to the agreement. Once the matter leaves
the AIRC then that is the end of it.
I was pretty disappointed with this with this to say the least.
I contacted my local member of parliament a Liberal while his office
was very concerned but was unable to do anything to assist me other
than tell me that they thought the system was unfair and did not
protect workers.
Sometime later I was still on work-cover payments I received a letter
from my superannuation company informing me that my employer had
ceased my super payments because my employment had been terminated. I
had been sacked while I was on sick leave this was unlawful dismissal
under workchoices legislation so I contacted the Workchoices office
they agreed that it was unlawful but told me there was nothing they or
any other government department could do to assist me. I mentioned
the workchoices advertisement offering protection to workers and was
told that that did not cover this situation.
I phoned the workplace ombudsman and was told "Get a Lawyer" when I
suggested that it may be a case they should investigate I was told
that I was being uncooperative and they hung up on me.
I again contacted my local member and they contacted Joe Hockey's
office I got an email from Joe Hockey's office saying that this was a
matter that the Workplace Ombudsman could and should investigate and
that a senior officer from the Brisbane office would contact me
shortly, a person called and I explained the situation he said that
there was nothing they could do. I suggested that I had been sacked
while on sick leave and that this was unlawful by their laws he
replied "If we help you then we would also have to help your
employer" I told him that Hockey's office had said that this was
something they could investigate, he replied and I quote "The minister
and his department have no idea about the legislation or what is going
on"
I again contacted my local member and Hockey's office and they agreed
that this was not a matter for the ombudsman and that there was no
assistance available to me.
Being an annoying and very determined person I again contacted Joe
Hockey's office after he stated publicly that "he would investigate
any wrongdoing by either union or employer". He was, of course,
defending using government funds to investigate alleged union wrong
doings.
I again was contacted by a senior person in the workplace ombudsman's
office who at least made what appeared to be an attempt to get some
assistance for me.
So far nothing has been forthcoming. To sum up a long story all the
advertising all the assurances all the "Protected by law" statements
are worthless propaganda, when it comes to the crunch, the new
workplace laws are written for and by employers. Employees have had
their basic working rights that have ben fought for by generations of
unions and workers stripped away.
I will continue to fight and annoy them as much as possible. I will
also tell my story to anyone who will listen.
If you have made it this far through my story thank you. I am not
alone in unfair or unlawful dismissal I have heard many similar
stories but unless a worker can come up with the $40,000 or so to take
the case to a federal court the employer escapes any justice.
Why will I not be voting for John Howard and his team of supporters? I
think you get the main idea.
Is there a Liberal in this NG who would come up with a solution?name
withheld.....