View Full Version : About to lose my job!!!

10-09-07, 10:36 PM
:-( I think I'm about to lose my job!!! My employers have already made it clear they are p!ssed off that I have to take time off to care for my kids when they are sick, and this morning I have 2 sick and no-one to babysit!!! I absolutely love my job (animal welfare) and I need it to pay for my horse... but this might be the end...

10-09-07, 10:40 PM
That sucks!

Don't they have to give you three warnings? I didn't think sick kids was a good reason to sack someone.

11-09-07, 01:26 AM
They can't fire you for looking after your kids when they are sick. If they threaten to fire you threaten to sue them for wrongful dismissal. Of course be tactful but firm you donít want them to get more P/O but let them know that if they tried to do that they would be breaking the law.

Melly Moo
11-09-07, 01:37 AM
The "3 warning rule" is just an urban myth. If an employer has a good reason for sacking you then they can do it on the spot.

I agree with the above poster though that your employer shouldn't be able to sack you if you are taking time off to look after sick children. I would be covering all bases and getting medical certificates for the children.

11-09-07, 01:54 AM
They are absolutely NOT able to sack you for looking after sick children/family members. If you have seen the new adverts on the tv, it clearly states this as well.

I would be ringing up a few places to find out EXACTLY what your rights are (do this immediately). Write it all down so that you have the correct information at hand. Whenever you take time off for caring for sick kids, you need to get a doctors certificate (even if not required). I do this because I want them to know that I am actually visiting doctors and am not just taking a "sickie" under the pretence that my children are ill.

Finally, call a meeting with your supervisor and clearly state that you feel like you are being closely watched and that you are concerned your job might be on the line due to the kids being ill (something that cannot be helped). Then tell them that you have spoken with the appropriate information line (not sure who you would call) and that they cannot sack anyone for looking after children and that you have certificates to prove that there were reasons as to why you had to take leave.

Take COPIES of everything and keep them at home.

11-09-07, 02:51 AM
Hi, have PM the phone no. to ring.


Fair Embrace
11-09-07, 03:18 AM
The wrongful dismissal law only applies to companies that employ more than 100 people, Thank Mr. Howard for this!
Do you have a workplace agreement? If you do that could be trouble.
I think you are allowed X amount of days sick leave, then annual leave, then compassionate leave, then family leave. If your job is casual, then technically you only have to be there when you want to get paid, but most empoyers don't tolerate this and they can fire you with no reason.

11-09-07, 03:27 AM
Regardless of whether you're on an AWA, or under a state award, there are protected conditions that cannot be overwritten. One of these is the right to parental leave / sick leave etc. Find out what award you are covered under, and it will state all the condiitons of your employment if you're not under an AWA.

Even if your personal contract does not state all the terms and conditions it [i]doesn't matter[i] the protected conditions of the award apply to anyone employed in that industry on those pay scales :)

Of course, casual is different....


Horse sense - something that horses have that stops them betting on humans.

11-09-07, 08:08 AM
Hi Sarj i agree with the others, keep records of everything!
its likely your employers will try to fib and give another
reason to dismiss you, but if they try it, atleast you will have written proof of why you had time off!
i hope it works out for the best
cheers Pauper

I want a cool rider! http://i91.photobucket.com/albums/k293/farmerlou2/motorcycle15.gif

11-09-07, 09:15 AM
The three warnings is not an urban myth as it was used with me. A daycare centre had to give us three warning before sacking us so they made up warnings as they were selling the centre and wanted to put their own staff in.

This was 10 years ago or so, so maybe they changed it but it used to be there.

11-09-07, 10:16 AM
Yep, 3 warnings is pretty standard, but you can only be warned for things like consistent lateness, not performing your duties at work correctly ..... being rude to customers, that sort of thing; certainly not for taking leave to look after your kids.

This is not to say that employers won't try it - but if you know your rights at work you can point this out to them :)


Horse sense - something that horses have that stops them betting on humans.

11-09-07, 10:26 AM
You can be sacked for any reason at all - just not officially! As long as your employer doesn't actually say they have sacked you for looking after your kids, they can say they sacked you because they were downsizing or you were underperforming and they wont get into trouble.

I was made redundant even though my exact position still existed - they just got someone else to do my job because they didn't want me around anymore as I complained about a bully. I spoke to my union and was told that under the new laws this is perfectly legal, even though my successor had to ring me several times to find out how to do my job!!!

Obviously I am quite bitter and twisted about the whole thing but
I am sick of employers screwing people over. Sorry but I don't really have any useful advice :(

11-09-07, 10:42 AM
Get some sound legal advice. You are protected by legislation that does not allow the unfair dismissal due to family obligations.

11-09-07, 11:21 AM
Just think...
If they are gonna be a jack-ass and unfairly dismiss you, do you really wanna be there?
Do you really want to continue working for them?
Because there wouldn't be much of a point doing all that legal stuff, then deciding your work there is no longer enjoyable & quit.
I have seen the adverts on television & I thought that they said you CANNOT be dismissed for looking after your sick children.
Good luck anyways!

11-09-07, 01:16 PM
Hi Sarj,

Basically YES the boss does get annoyed because you take time off to look after kids...NO they don't care what the hell is happening in your life. The ones that don't have kids they push hard to work more hours because they don't go home to anyone. Now I believe the regulations have changed and basically no matter who you are

You can get fired anytime
Whether your a mother or single person, they still work you like a dog
At the end of the day they make it all about them....

Maybe confront management and see if you can come to some kind of resolution because you obviously know there is a problem...

11-09-07, 01:29 PM
Wow, this has turned into kill the employer.. If there were no employers, there would be no workers. I am not an employer, but I am a boss. I try to be very considerate of employees needs, be it felixable work hours, sick kids etc. I will not however patronise non-workers and rudeness etc. Does that make me a bitch!

11-09-07, 03:07 PM
I agree with Durhama. You can not get fired at anytime.

I have worked for the same company for 20years. I do the right thing by them, they do the right thing by me. They know I have 4 kids and that is taken into account. I even have time off to prepare horses for Saturday shows and still get paid!

No all employers are horrible ppl.


11-09-07, 06:13 PM
Well, I still have my job... And it was one weird day. First they changed my hrs to start earlier, which is gonna be hard with the kids. So they offered not to put me on the roster, like hell! I said I'll manage. Then they asked me to train for another position at work as well, therefore making me more valuableto them. And its a position I've wanted for a long time.
BTW, ended up going in, asked child care to monitor my kids super close all day, and let work know I might have to leave asap, but I was trying to get as much done as possible before that might happen. Kids turned out to be ok, just tired I guess.
And yeah, they can fire me when they like for any reason, I'm casual! They can just leave me off the roster....

PS, Thanks Skippy!