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Netix - good luck today. Try to keep your cool and let him say his piece. I agree with pp's about taking notes, I would also ask for written notice of any changes to your conditions and if possible a record of your meeting. Does he have a secretary who can do this? Try to keep your cool despite how awful the scenario is, then seek some advice on your rights after he has given you his spiel. Don't get too caught up in arguing your point either as this will surely just prove to him that he is right. Sorry to hear you have to go through this. xx
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keep a record of the meeting. pity that you arent able to have a union rep there in time. if you are not a member, i reckon with a workplace like that, that you need to be in one.
like PP have mentioned, any changes discussed in the meeting need to recorded and drawn up. someone will need to compile meeting minutes (and both parties need to agree to those being written at the time. if they dont agree, then no meeting).
write down any previous conversations and try to remember the dates and any possible witnesses. the more info that you have from your end the better it will be if it does to go to the ombudsman.
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When are you meeting him? I hope it all goes well. you have good advice here - just keep your cool, dont commit and write it all down. let us know how you go.
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The reason he wants to put you as casual might very well be because he knows he can't get rid of you as full-time but once you are locked in a casual you suddenly just won't get anymore shifts. Not fired, just making it really hard for you to want to work there.
Try to stay calm, not argue or come back to any comments he says, just breathe and take lots of notes.
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Ok if you are still under 6 months permanent they can dismiss you without cause as it is like a 'probationary' period. However this on applies to unfair dismissal, if it is unlawful (which discrimination is) then that is different. They can't do that.
You can ask to have a representative in the meeting with you and you can ask to have the meeting rescheduled to ensure that you representative is available. Call the union, get them to cal your boss and set the meeting time. Even if you aren't a member you can join on the spot and get representation. Don't go into the meeting alone!
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How did it go Hun? You ok?
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Hi Netix
Keen to hear how it all went. I hope all was ok...
x
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Didn't post but had been reading - hope everything went well x
Sent from my iPhone using Tapatalk - even though I should be cleaning ;)
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I just saw this. What a terrible situation and your boss sounds like a real power-monger. I hope the meeting went well. :hug:
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Am I too late? if you can't take a union rep, take a witness or support person.
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Thanks everyone. We had the meeting (in my office, yay! my turf!), and he was just a tool. I didn't take notes during the meeting, but as soon as he walked out of my ofice I typed everything down that had transpired. I made sure to disagree with whatever I didn't like. I AM being made into a casual, he just didn't say when, or what my wages or hours would be.
He is now trying the excuse (as cover) that January and February are traditionally quiet months for conferences, so that's why he's making casual, ALONG with my health. Uh-huh. RIght. But then he said it's not the end of the world, I'll still have an income! The nerve! It's probably a good thing I didn't get him in the Secret Santa! Lol... Could just imagine the things I could get him!
I have email addresses or phone numbers for EVERY function I have run there since I started working there. I'm counting on getting some positive reports from a few people, in addition to the three I got a couple of weeks back.
I want written notice about everything that is to change. As soon as I know that I AM casual, I am lodging a complaint with Fairwork Aust. He doesn't have a secretary.
As I have been there less than six months, I can't go unfair dismassal, but I can go unfair termination.... Since I am being disadvantaged by the move, it comes under that. Plus the discrimination.
I am really quite shattered by the whole thing. I know I do a really good job. Actually yesterday, a lady came in to drop off a room key for her manager (who was staying with us), who had a function a little while ago. I quietly told her what had happened, and she said to watch that I am not retrenched, as another lady who worked there and became pregnant was....
Another thing yesterday, I worked evening shift at reception, and was very sad. The Man decided to get me a little smilie present, and went into the local flower and gift shop. He said he needed something for his wife as she's feeling a bit sad because her boss is treating her terribly. She knew where I worked by just him saying that! And told him to tell me to go in and see her. Anyway. Still shattered. Still have to work Christmas day, even though I feel a sickie coming on. I am suppoed to work for Christmas lunch, and then afternoon shift reception (2pm to 7pm). SO in other words, I miss BOTH Christmas lunch AND dinner with MY FAMILY.
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Hugs to you - I hope the florist turns out to be a super-lawyer in disguise or something (hmm, DS has too much Marvel in his life now I think). Can you get boss to sign your minutes?
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Argh i feel so frustrated for you!
I went through your case with our HR manager at work. She is Queen of Fairwork Act lol!
She said that under the Fairwork Act, changing your employment from Permanent to Casual is the same as making a person redundant in the eyes of the Award. Because it is a reduction of your rights and current employment you would have a genuine case. Did you sign an original contract for employment?
I found this on the Fairwork Website too:
Under Commonwealth workplace relations law, a termination is not a genuine redundancy if:
the operational requirements of the business have not changed and the employer still needs the employee’s job to be done by someone; and
the employer has not followed relevant requirements they may have in an applicable modern award, enterprise agreement or other industrial instrument to consult with the employees, and/or their representatives, about the redundancy.
To me that sounds like you case??
Anyway i would give them a call and tell them what he plans to do, send a copy of your minutes to them and go from there. If it is a "genuine redundancy" you may be entitled to redundancy payments as well as your casual position?
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Resigned
No, not me, the CEO!
I don't know the reason(s) why, but found out when i went in to get my pay earlier. Will meet the interim manager when i go to work later. Outgoing CEO finishes up at the end of February. Must find out if him leaving makes him any less accountable for making me casual. I will be taking my issue up with the new CEO, no worries about that!
Thanks little o, that does sound like me.
And LOL, still have to go see the florist!
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And I just looked at my paysheet the fortnight gone, and I'm now casual!
War has officially been declared. Not that I'm telling him that.
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check your contract/employment terms/award, whatever it was that you signed when you took the job, as you know he shouldn't be able to change your conditions without your agreement with no reason. Goodluck and hope you get it sorted soon
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I will be checking it, from memory there is nothing in there about changes like that.