thread: Thoughts?

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  1. #1
    Registered User

    Jul 2009
    618

    Thoughts?

    Hi All,

    From my previous posts, everyone would know I had a really stressful work environment. My boss was having an affair with a staff member and when this all came out I was worried I would lose my job. WELL - I did! I was fired for misconduct, after a nearly three year history of working there with no complaints about my work. Interesting as well, is that the misconduct I have been accused of (which I will fight until the death) is against the staff member having the affair and the boss

    My question is though - after I announced my pregnancy this boss said the following things to me;

    • Dont Flaunt your pregnancy around the office
    • Try not to talk about being pregnant
    • My fiance said you are being a sook about having m/s
    • I spoke to the staff member you had to remind about lunch breaks - and explained that she had to expect outbursts like that from you because you are pregnant
    • We have so much exciting stuff to do here - but we wont do it until your replacement starts and you are gone
    • Some women are just tougher than others when it comes to pregnancy


    After nearly 3 years I am fired without a chance to defend myself, after all these comments throughout my pregnancy? I have had my solicitor send him a notice that I intend to fight my dismissal, on the grounds I was unfairly dismissed and discriminated against because of my pregnancy - he sent back that he has never said anything of the sort!!!!

    I am not overreacting or hormonal right- he has no right to say those things to me!??!?!

  2. #2
    Registered User

    Apr 2008
    Melbourne
    6,745

    What he has said is harrassment on the basis of pregnancy. Have you documented the dates that these things were said to you and do you have any witnesses to any of the conversations who could back you up?

    If you were fired for 'miscionduct' do they have any evidence for the misconduct allegations? If not and you are claiming it is on the grounds that you are pregnant then it is unlawful dismissal which is much more serious than unfair dismissal.

    I would contact the Human Rights and Equal Opportunities Commission to make a formal complaint asap.

  3. #3
    Registered User

    Dec 2005
    Melbourne, Vic
    4,338

    I would definately follow this up.
    Are you part of a union that could help with legal costs?

  4. #4
    Registered User

    Jul 2009
    618

    The only evidence I have been provided of any misconduct - is that another employee made a complaint (That would be the employee he is having an affair with) I only had 10 weeks to go, and I think he wanted to get rid of me because of that, and because I knew details of his affair.

    I have just tried to call the EOC - will try again today. Another supervisor witnessed all these comments, and at the time I would email my sister about how upset I was. I honestly thought I needed to harden up and that people are going to say stuff I dont like and I should get used to it! But the more I think about it, the more I realise he was putting me down at every opportunity. Another girl in the office had recently had a miscarriage and I asked my bosses what I should do to make sure I didnt make her feel uncomfortable at work, one told me to speak to her (I did and her and I are really close) and this boss told me not to speak about being pregnant and to stop flaunting it! I was about 6 weeks pregnant at the time, hardly flaunting it!

    I have an unfair dismissal application in with Fair Work Australia as well. When I tried to speak to my ex boss, he had his lawyer send me a letter saying "He will not correspond with me any further on the facts of the matter".

  5. #5
    Registered User

    Jul 2009
    618

    Ok, complaint submitted. The person I spoke to on the phone advised I do it asap.

    I dont have a union or anything, but my SIL is a solicitor and she is helping me with my paperwork and stuff. We tried to get him to talk to me about it, but he refuses to speak to me.

    I thought this kind of stuff only happened on Jerry Springer! I loved my job, and everything seemed all good when I first got pregnant

  6. #6
    Registered User

    Dec 2008
    Brisbane, QLD
    5,171

    Angry

    (Sorry if this is inappropriate but I couldn't read and not post...)

    I have no advice just 's.
    I'm so sorry this happened/ is happening to you. I really hope you get the results you deserve.