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 :angry:

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!??!?!

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.

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

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".

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 :cry:

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

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

Not innapropriate at all! Thank you! :D

I was starting to think I was just being a sook, but everyone I speak to has agreed with me so I mustnt be!

Hun you are so not a sook! His comments were certainly uncalled for, and I would consider them harrassment/discrimination on the grounds you are pregnant (how you can "flaunt" a pregnancy beats me...if the bump is there it's there, not like you are shooting fireworks off it or anything!).

Good luck with your case, I'm not really up on the law side of things, but that does sound very wrong, misconduct? When HE was the one having an affair with an employee?? I hope you take him down good!

Wow, what an idiot your boss is, to put it nicely!
Good luck with your case, I really hope you, I hope he gets what's coming to him!

Goodness, I hope that you get this sorted out, and to your satisfaction.

Let us know how it all goes!!

S X

Just an update ladies :)

After much drama, mediation and letters from my lawyer.... my former employer has retracted my termination and agreed to pay a settlement in regards to my dismissal.

I am still in the process of a complaint regarding the comments made regarding my pregnancy, but it is so validating to know I was right to fight when I knew I was being treated unfairly!

That's great news.
Glad to hear that your issues have been acknowledged!!

S X

That's fantastic news! Well done - I'm so glad you fought it!

WHOO HOO!!! U GO GIRL!!!:clap::clap:

I have been wondering about you, I'm so glad you stuck up for yourself!!!:dance:

Great news! Good thing you fought for what was right!

Well done.

Great result! Good on you for not putting up with that treatment!

Just to share: for about three weeks at the start of my second trimester (when I was still vomiting every hour or so) my boss nicknamed me 'Surly'. He thought it was funny. I didn't. At first I wondered why it phased me because it wasn't mean-spirited. But, unfortunately you are hormonal at that time and my sense of humour was impaired (although I still don't think it was funny). When I finally told him I knew he was trying to be funny but it wasn't appreciated, he apologised and stopped immediately.

Anyway, my point is that even that minor example is inappropriate and amounts to harrassment.

A good employer knows the boundaries you can and can't cross.