Employee problem how to make it work?

We own and run a small bakery. We have 5 staff memebrs one being my DH and one other being my mum. We have a lady who has worked for us since we took over and is like family. We also have another middle age lady who is wonderful and the latest employee is a young girl which where the trouble is.


This young girl is continually sick, We have offerd advice etc she has seen doctors who have told her what to do but she wont and she has days off all the time.
We wouldnt mind so much if we were a big company who has lots of staff to help out but we are not and one of the girls ends up helping us out and doing long shifts as DH has to come home for a sleep. Its really stressfull and its not something we need right now.

My question is can we fire her? Or is that not possible anymore? She has aksed for more hours then has days off and on her days off goes out at night boozing ( yes she is not quite the smartest spark she tells my DH this when she see him :rolleyes: ) when she is good she is a great worler but that is very rare. She is having tomorrow off aswell as today and unfortunately DH is not impressed ..we have a huge order and my mum and i ahve to attend a funeral so she cannot help out! Poor dH will be asleep when i go into labour as he wont be getting much sleep if she keeps having days off.

Also when we go to hire again can we ask if the candidate is healthy?????

Why cant there be some really good young workers out there?????

Thanks x

I don't think this is a matter of health, more a matter of responsibility and/or priorities.

Is there some helpline or award thingo (or small business thing) you could refer to? I think it might be time to give her a formal warning, then a written one - or however it's done these days.

Yeah I can ring Wage line...I am not sure how the process works but DH will!

Its just sad casue we gave her a go cause we thought she had it in her and she is in a lot of debt so one would think she would want to work. She is only casual...I just really feel for DH cause his business is his pride and joy.

Thanks hun x

This link might help you
Small Business Fair Dismissal code

Sounds like she's taking advantage of your good natures so yep, I'd be making moves to warn/fire her. Don't know the legalities at all sorry.

in terms of checking whether future employees are healthy - could you ring their previous employers when you do a reference check and just ask them what their sick leave record was like?

Hmm, wonder why she is in debt...no sense of responsibility????

Yup Lulu thats excatly why I think...ist really sad that to start her adult life she will be paying massive debts off :(

Thanks Pony will have a look now!

That could be an idea Fiona..and I believe she is taking DH soft side for granted :(

Not knowing the exact specifics of the situation this is just general information and may not apply to you.

There is no obligation on an employer to offer a casual shifts. It isn't a termination as such, it is just refusing to offer shifts. The essence of being a casual is that there is no expectation of ongoing employment. They can quit with no notice and likewise and employer can refuse to offer any further shifts. The exception is if the employee is a long term casual or if the real reason for not offering shifts is because of a discriminatory reason.

I would call either wageline (if you a State regulated employer) or The Fair Work Ombudsman if you fall in the Federal System to find out your rights and obligations before taking any steps. However if she is a true casual and your reasons aren't discriminatory, then it is likely you have no obligation to offer her any further shifts.

Regarding asking prospective employees about their heath, that is getting into very dangerous territory. There is heaps of info around about what you can and can't ask at interview so I'd suggest having a look on the websites of the relevant government authorities.

HTH
Spring

I think Spring Angel has said the best way for you to go about this. Find out exactly what you need to do if you want to get rid of her but if you have a talk first she might come to realise she's not the boss. Sounds like she's worked out she can play you a bit.

Good luck! It's such a PIA when a staff member does this. I had something similar and she drove me nuts.

Thanks Spring angel! I didnt want to ask candidates but this is the 2nd girl who has done this and its getting frustrating. i am sure we will find someone who will fit inot a "family" Dh has said he will cut her shifts to me so we may have to put it on writting as a notice.

She hasnt even been with us a year :(

Bah I hate people doing this to their bosses.

If it helps at all - my boss used to fire people on the spot - even if they had been there for a year or whatever. He said that because we had under 15 people working for us, he didn't have to give them notice, or warnings or whatever.

I don't wanna say he was wrong or nuthin cos he's a solicitor ;)

Thanks Mel, so I will get him to represent me then :rofl:

Wow Mel, sorry to say it but he is wrong diddly wrong.

Solicitor's aren't always right ;)

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Wow Mel, sorry to say it but he is wrong diddly wrong.

Solicitor's aren't always right ;)

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PMSL!!!!! Noooo... that can't be right ;) ;)

LOL

Just wanted to sympathise... we have had similar problems at work.
I think a lot of it is just kids these days (kids these days! Did I say that!!!)

We had a staff meeting last week where personal hygeine had to be addressed. One staff member asked did this mean he has to wash his shirt each time he wears it?
Sorry, bit OT but I think it kind of reflects the way things are, kwim?

As for asking people about their health...I don't know if it would really be of any benefit anyway. Quite possibly you would have someone tell you they are healthy as a horse, then start making excuses after a month or so...

Ah that sounds really negative... don't give up hope there are decent workers out there, one is bound to come along sooner or later ;)

thnaks Jasp...yeah we have had similiar problems wiht this girlregarding unifrom...her but crack is always hanging out :doh: We have told her to buy the proper chef pants as we supply the shirts but she has no money to buy them ...but still has sick days!

The middel aged starff we have are fantasic so reliable and hard working...we just want a young girl who is just like that!

Sorry a abit of a ramble! Thanks girls xxx

I don't think it's young people per se. I was a very hard worker (and still am, but am considered old these days... oh the joys of working with people half your age or less!) because I was responsible. I'd have to be sent home ill rather than call in sick. (OK, not responsible in a bakery.)

BUT how many girls are responsible and aren't doing further study to get paid for their commitment? I was only ever a part-time worker while I studied in shops. I'm sure there are young people out there who do want a fairly low-paid job and do it diligently and do it for a few years and do it well. But I'm also quite sure that there aren't that many of them.

Yup your right LZ I worked form 14 and would have been mortified if my boss thought I did a bad job! I worked all through exams till late at night and then weekends from 5. I know there are great workers out there just cant find them :(

We want to give locals a go as we dont live in a "rich" suburb and want to help out the community. Plus we pay our staff way above wage and they can eat whatever they like while on shift...pretty good perk if you like bakery food lol!

I just really feel for DH like he doesnt have enough on his plate wiht me being a grumpy pregnant wife lol!

Yep there are some great workers out there but I have to say they can be hard to find.
Boomba you sound as though you & your Dh are great bosses! I'm sure you will find someone eventually. In the meantime, don't feel like you have to settle, kwim? If you are going to pay well & offer perks, you deserve someone who will work well.
:hug: I hope 'she' comes along soon!

Thanks hun :hug: and its not like the work is hard???? So good to have somone who can sympathise with me :hug: x

Short term casual employees are covered by the unfair dismissal provisions if they are dismissed for an invalid reason.
One of the Invalid reasons include: because of temporary absence due to illness or injury
All casual employees, whether short-term or long-term, are excluded from the notice of dismissal requirements of the Act. This means employers can terminate the services of casual staff without notice.

This is an extract from Wageline website.

Good luck, what an icky position for you to be in.

Thanks Jodi. DH will be ringing wage line today I think. I hate having to be the bad guy :(