Hubby got terminated

And certainly not saying your husband did anything wrong.

But there seems to be a lot of people on Somersoft who visit here while at work:D
 
I want to echo that "Trouble maker" but honestly, I do read SS and other forums at work. Hubby is too bloody diligent ...does not take a day off ..always has been that way ...much to his detriment I may add...always thought he was indispensable and is still feeling sorry about all the stuff that his colleagues now have to do with his abrupt dismissal.

Had a few people reporting to him and they've called him this morning, also
shocked.

TPFKAD - thanks for playing the Devil's Advocate bit I have in front of me the list that he was provided with for his dismissal..paltry things really ...maybe a solicitor will be able to advise more.

ASDF - we're not keen to stand in line for Rudd's handouts, am sure he'll pick up something shortly but jeez, that extra payout would be useful
 
Hi all,

I'm a little confused here. I thought this was a property investors forum, yet we have a new poster that has only asked about her hubby getting sacked from work.

Is this the only reason you joined the forum??

Would contributing to "property investment" threads be out of the question??

Why ask your questions here and not on an industrial relations forum??

bye
 
This is what I believe to be true, as I looked into it about 6 months ago.
Being a small business (less than 100 employees), an employee can be terminated anytime without warning, business might be bad, poor performance, etc.
Just 1 weeks pay if worked less than 12 months, or 2 weeks pay if over 12 months.

The IR laws introduced by Lil John have actually been repeeled as far as i am aware, i currently work as a manager for an independent supermarket and we can not under any circumstances terminate an unemployee who has been employed longer then 3 months without first giving them 3 written warnings. The written warnings must also be for the exact same thing and not a generic topic such as not wearing correct uniform but must be specific and to the point.

You could take this to the unfair dismissal tribunal and you would more then likely win, it is the employers responsibility to ensure he/she can prove just cause for the dismissal. If they cant prove just cause the judicator will enforce the employer to reinstate you and compensate you for any lost wages during the dismissal period.

We had a similiar incident at one of our other stores and the person was terminated with 3 warnings for 3 different things, they took us to the tribunal and won and were reinstated back into their position. The person quit a few weeks later as they felt uncomfortable working back in the shop.

regards
Jas
 
What legal recourse do we have ? We are caught offguard with this development as there were no forewarnings or anything of the like.

All comments appreciated.
I went to a car yard last monday morning to look at a camper -van while talking to the saleperson,and looking at the van over the loudspeaker comes a message all salepeople come into the lounge area 5 minutes l;ater the saleperson is back,with a look of shock on his face him and 13 others were just given the "DCM",Moving Forward that happens every day,the sales game is like that if the costomers are not walking in the front door then,you know full well who is going to be slung out the back door:eek:,just get over it and move foward otherwise you will fall into the legal-side show,just because all the adds on TV for legal firms make you think you will win ,that is not always the case, there is always 5 sides to the story and you may only know one..willair..
 
If you are after only 8 weeks pay, as soon as you start making noise you'll probably find the company will want to settle, unless as TPFKAD has suggested there's more to the story. Something just doesn't add up to me either. Termanation is HR 101.

I've been at the other end where I fired someone for making threats towards me which was the final straw after 4 months of perfomance management. He took it to unfair dismissal and in the first mediation session we asked what he wanted which was 8 weeks. We paid him and both went on our merry ways.

If settlement is achieved maybe include a retraction of the termination and your husband resigning instead as part of the agreement.

Whatever union covers the sector will have a hotline you can ring. They will probably help out even if your husband is not a member or at least refer you to the next course of action.
 
Amazing, a forum of investors and I read all this "You should be entitled to blah blah blah, get a lawyer BS".
You people get paid for doing nothing, and paid long service leave just for being there, and on top still want more.

I'm glad I no longer have any employees, nor do I ever hope to employ people like this who do nothing but demand what they should get.
Infact I hope to never employ anyone as a paye, period.
Nor will I have any union have anything to do with my bizness.
Tell your hubby to get off his bum and do something.
Maybe you should do the same.
There's always work for good performers, and lawyers for losers.
 
Amazing, a forum of investors and I read all this "You should be entitled to blah blah blah, get a lawyer BS".
You people get paid for doing nothing, and paid long service leave just for being there, and on top still want more.

I'm glad I no longer have any employees, nor do I ever hope to employ people like this who do nothing but demand what they should get.
Infact I hope to never employ anyone as a paye, period.
Nor will I have any union have anything to do with my bizness.
Tell your hubby to get off his bum and do something.
Maybe you should do the same.
There's always work for good performers, and lawyers for losers.

I think you limit yourself by not employing others. You just have to pick the good staff, pay well for them and look after them. Its give and take but if you have a "take" employee then you should get rid of them. Why would my staff want a union when I pay them well above award?
Having said that I am not a sheltered workshop- I expect people to perform.
 
Maybe, but I no longer need them.
If they need me, then it's on my terms and they can be their own employers subcontratcted to do a job.

An employee is no different to an IP.
They can be an asset or a liability, cost money or earn money.
There is no reason to pay anyone for anything, unless there is a return on the money paid.
So If I pay someone 100 to do a job, than I expect to receive a margin (or return) on that hundred paid.
If the return is 100 + costs or less, than I'm losing money.
Why would I pay someone a wage, when it costs me money?
Of course in a startup the situ may be different, but with an established biz it's not.
If for every dollar I pay i receive $1.50, then I want to pay as many dollars as I can, for as long as it lasts.
Labor is a commodity these days.
 
Bill L - we are property investors and hubby has posted here before and even knows a few people. I started anew as he was just not up to it last evening.

Thanks CuttoTop, Jasc and Willair - will seek legal recourse on Monday - he does not have a union on site and he's not in sales. He worked at the Head Office of the organisation and a few others have been terminated this way as well. He will talk to them and check their story. Saves the company some money, I reckon but I don't think the 8k is big **** for a large company, for us it is a little less than a month's mortgage payments on our home and investmens.

Piston Broke ..do you ever consider to read what you write .. gosh, don't think any one would ever want to work for someone like you - merely from reading your posts. Come off your high horse and you'll be on steady grounnd !

And as I said we're not dole bludgers waiting to line our pockets with Rudd's handouts.

I'll keep the rest posted but appreciate your time.
 
Piston Broke ..do you ever consider to read what you write .. gosh, don't think any one would ever want to work for someone like you - merely from reading your posts. Come off your high horse and you'll be on steady grounnd !

Your absolutely right!!!
I pay damn well, day is only 7 hours (5 days), paid lunch breaks and nobody works outside hours.
I expect damned good results.
95% would'nt last a day.
I've never been like you asking an employer for a wage.
I've spent my life making my own way and creating my own income working 100 hours wk when needed.
Is that a "high horse"?
From where I stand the "high horse" is expecting to be paid when for no productivity.
I was the low horse underneath, scurrying to reach for the vasoline while lawyers and unions and the ATO pile up on top as well.
But not anymore...
 
... and people wonder why companies are moving all their staffing requirements offshore to India, etc.

This is only the start, the outsourcing industry is growing bigger and bigger each year.
 
Your absolutely right!!!
I pay damn well, day is only 7 hours (5 days), paid lunch breaks and nobody works outside hours.
I expect damned good results.
95% would'nt last a day.
I've never been like you asking an employer for a wage.
I've spent my life making my own way and creating my own income working 100 hours wk when needed.
Is that a "high horse"?
From where I stand the "high horse" is expecting to be paid when for no productivity.
I was the low horse underneath, scurrying to reach for the vasoline while lawyers and unions and the ATO pile up on top as well.
But not anymore...

Tell us more of your journey please Piston Broke
 
Tell us more of your journey please Piston Broke

huh? watta you wanna know?
Like most others I worked 14-15 hrs a day, 7 days a week to build a bizness that employed others.
Then I had to keep working so that others would stay employed.
This realization came in hindsight of course. I was keeping others employed.
It was like barking at strangers while the dog was too busy chewing his bone.
Like hiring a painter to paint the fence, but carrying his tools and washing his brushes.
Read a book and bust the myth?
Write some instructions on a piece of paper and people will just follow them?
Yeah right...That's the real myth.
Then I resigned and told them they are working to keep their own jobs.
I guess they liked being babysitted. But there was no babysitter nor mommy dear to clean up after them.

Moving Forward my msg here is simple & easy: Move Forward
Just like your nic suggests.
 
Piston Broke...you sound angry.

And heartless.

I would have thought that getting to a certain level of success allows one to switch from being a wealth creator to a wealth custodian. (Isn't that where the real juice lies???) To that end, the well being of your staff is simply one in a long line of custodial monetary responsibilities you hold once you become (or create) yourself as the principal/owner of an enterprise. And I use the term 'staff' loosely, whether employee, sub contractor or whichever way your accountant wants to categorise these human beings.

You didn't get to where you are simply as a result of working 100 hours a week. It's not humanly possible to amass wealth that way. You would have engaged/assembled a team (e.g. joint venture capitalists, finance brokers, buyers agents, accountants, property managers etc etc etc) and it is to be hoped you treated at least some of them with respect. If you've made your squillions from some other business enterprise I suspect (again) that it didn't just come about by working 100 hours a week. You worked with your team to get there.

So where in all this did you decide to be become a self interested jerk who chooses to see fellow human beings (whether they are educated or not, invested in their own wealth creation or not) simply as economic units?

I'm sure you are SO MUCH BETTER THAN THAT.

I sincerely wish you: joy, success, vitality, abundance, exuberance and laughter.

With your attitude sounds like you really need a good dose of it.

And as a post script - at the end of the day I think it wouldn't hurt to consider the quality of the relationships in your life (professional as well as personal) and not simply the $$$$s they may or may not render you.
 
huh? watta you wanna know?
Like most others I worked 14-15 hrs a day, 7 days a week to build a bizness that employed others.
Then I had to keep working so that others would stay employed.
This realization came in hindsight of course. I was keeping others employed.
It was like barking at strangers while the dog was too busy chewing his bone.
Like hiring a painter to paint the fence, but carrying his tools and washing his brushes.
Read a book and bust the myth?
Write some instructions on a piece of paper and people will just follow them?
Yeah right...That's the real myth.
Then I resigned and told them they are working to keep their own jobs.
I guess they liked being babysitted. But there was no babysitter nor mommy dear to clean up after them.

Moving Forward my msg here is simple & easy: Move Forward
Just like your nic suggests.

This is how most people try to run businesses PB.

You are, in fact, normal. So go easy on yourself.

To switch from the guy who runs everything to the guy who sets up the system and delegates everything is a step that many cannot make; fear of losing control/money or whatever.

I read a book once and the author was up in the Penthouse visiting his friend who owned the building and the business in it (a hotel). Needless to say; the owner was very wealthy.

It was 11.00pm, and the phone kept ringing - staff wanting an answer to a problem. The owner was whining to the author about it a bit.

(on a side note; "problems are normal" in business.)

The author said to the owner; "next time the phone rings, instead of giving the staff member the answer to the problem, ask him/her how they would handle it, and then tell them to handle it, and hang up."

This went on for a few months apparently, but eventually the change was made - it was mostly a change needing to be made in the owner's head first.
 
TPFKAD - thanks for playing the Devil's Advocate bit I have in front of me the list that he was provided with for his dismissal..paltry things really ...maybe a solicitor will be able to advise more.

Putting on my boss's hat like TPFKAD for a second, and reading between the lines with this situation, it sounds to me like your husband's boss had some issues with him, and is using the "list" as a tool to get rid of him.

It's probably the final straw.

These sorts of scenarios take a long time to get to this point, so there is probably some issues going back maybe more than a year.

The boss probably should have addressed them back when they occurred, or maybe he/she did and the pattern hasn't changed?

Maybe the boss is a bit weak and unable to confront issues when they arise and stews over them, building up more resentment etc until the lids blows off.

Bosses don't like to sack people - unless they are a liability to the business somehow first.

As was said; redundancy is paid when you become redundant - not sacked. You can try for it I suppose, but if the boss has gone to the trouble of compiling a list of grievances, I think it may be a bit difficult to get a ruling in your favour.
 
Thanks Marc but now reading between the lines ..it seems more like the company was doing away with him as they are looking to integrate those particular operations and thought they could get away without redundancy, so they have tried to build a flimsy case. If you read the list of so called alleged 'performance issues' you'd be appalled.

We are going to file a claim for defamation and request that the separation be termed as redundancy in which case payout is due or resignation.

It's about the principle - I beleive we should be treated fairly and employees are expected to be given formal / informal warnings with a third person present, before this kind of action is taken. Also, a performance monitoring plan should be put in place - none of the above has happened. He has worked with the same boss for close to 5 years.

We are also people of faith - faith in a God who does not let us down and now hopefully, faith in a justice system that will do the same.
 
We are also people of faith - faith in a God who does not let us down and now hopefully, faith in a justice system that will do the same.

There's no such thing......justice system that is. ;)

It's called a legal system, a very very different thing....and words like ;

It's about the principle

are absolutely perfect for lining it's pockets every day.

Let me know if I'm way off, but I predict the fees to chase this will be just slightly more than what you are seeking.

Move forward Moving Forward.
 
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