I got FIRED!

The Amazer

Member
Mar 31, 2003
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Laid off from Night-Fill at Woolies.

May not seem like much, but I need it.

Ima get 'em back though, cos it is unfair dismissal... and I'm so glad I joined the union now.

Basically they said I was going too slow. Points against this:

- They said I had 3 days to improve... in the three days I went as fast as I could, so much I broke a sweat. The last two days we finished before time, which hasn't happened since I started working there... how I could be going too slow is beyond me.

- There have been instances where other employees have gone on the P.A and made fornication noises. Other instances have had employees throwing stock at each other. I have never participated in these... but my night-fill manager didn't seem to mind any time this sort of thing happened (even if it was rarely).

- They have introduced a new "roll cage" system which reduces time in filling, as it cuts out a significant part of the old system (getting the stock from the truck to the floor) This obviously means there won't be as much of a need for employees, and there has already been talk of 'cutting hours' Looks like they cut an EMPLOYEE as well.

- I'm the newest employee there, and so I'm still on 'probation' (12 week probation, I was at week 9 or 10) This = me being the easiest one to fire.

So yeah, hopefully I get my job back. Or a payout. Or something.

I'm very pissed off.
 
I emailed my union and haven't received a response yet.

But I think I do have a strong case against unfair dismissal, so here's hoping I can union their asses.

In the meantime, I'm looking for a data entry position. Better pay + better job + me with 90wpm typing speed = awesome.
 
I think the fact that you were still in your probation period will go a long way against your case.

The whole point of that period is for them to see if you can do the job well enough...if they dont think you can they dont take you on after that period.

I dont wanna dampen your spirits in your fight or anything, but that's something to think about
 
I know...

but in my favour is that they're meant to give me 12 weeks, and they only gave me 9 or 10.

Also in my favour is the lack of warnings they gave me.

But hey, we'll see what happens.
 
hmmm...

a few years back one of my mates got sacked for some imaginary reason. She took them to court for unfair dismissal, won the case, and still ended up a few hundred bucks out of pocket for legal expenses.

So even when you win, you lose. Sometimes anyway.

I'd speculate that they may have given you the job thinking "we might only need this guy for a few weeks until this new system kicks in"... were you employed full time or casual? If you were a casual then you have virtually no rights.

We have a lot more this to look forward to once little Johnny gets his IR reforms through. Bastards.
 
part-time, so I do have rights. (It's different to casual)

I just would love to have the job back out of convenience.
 
at the very least I'm looking for redundancy pay or something, because that's obviously why I was fired.

Last night we finished in record time (15 mins early) and Aisle 4 (which is the hardest one to do - cooking aisle - the one I do) wasn't finished last for the first time since I've been there.

I still get told I was too slow? Pffft.
 
Redundency pay will only be 2 weeks pay max I would assume. It doesn't matter if they sack you because you suck or the fact that you're redundant, they most likely only have to give you 2 weeks notice or 2 weeks pay.

I was made redundent recently atfer working at a place for around 10 months and only got 2 weeks and my annual leave. If I had been there 2 months longer I would have gotten 4 weeks pay instead. You wouldn't have any annual leave if you were still in your probation period. In my case the job ended really suddenly, so there was no 2 weeks for me to keep working on, but they payed me for that 2 weeks anyway.

You'd probably burn that up in legal fees if you take it to court, and maybe end up owing money. I'd be taking my letter of sackage down to Centrelink and jumping on New Start. They sacked you so you don't have to wait.
 
the first 3 months of a job are a trial period, you can get fired with a day's notice, they are sadly, well withing their rights. Same as you can just up and fucking leave if you want

I know this because for the first time in 9 years I am in the hunt for a new job
 
I was fired in a way last weekend. I was told I was shit and that my duties and hours were being changed and stuff, and then asked if I wanted to stay on, after I had been told I was shit and shouldn't be doing the job and would have to have a change in attitude if I wanted to remain on etc, so I said, no thanks. I will finish up in a few weeks, or whenever the changes are implemented. That is fine, I was going to quit when I finish uni anyway, which is only a few months off now. Woohoo!
 
I just need a job until I get into uni next year.

When that happens, I'll apply for Woolies nightfill again. If there's a position, I BET YOU I get it.

Irony sucks sometimes.
 
Blitzkrieg said:
I was fired in a way last weekend. I was told I was shit and that my duties and hours were being changed and stuff, and then asked if I wanted to stay on, after I had been told I was shit and shouldn't be doing the job and would have to have a change in attitude if I wanted to remain on etc, so I said, no thanks. I will finish up in a few weeks, or whenever the changes are implemented. That is fine, I was going to quit when I finish uni anyway, which is only a few months off now. Woohoo!

I'm being very careful here as my husband has dutifully informed me that I know 'fuck all'' about Australian employment law. :) However in the UK that would be considered constructive dismissal. Over here changes to hours and duties need to have a period of consultation before they happen; depending on your original contract they might be able to do it anyway or may have to have your agreement, but either way it can't happen over night.

Ceydn - (and again using the caveat that I know 'fuck all' about your strange and mystical employment laws) you wouldn't have a leg to stand on due to the fact that you were on probabtion. It was a bit hasty but ultimately as others have already said over here there would be no point in taking them to a tribunal. I hope however that your ancient tribal employment customs, which Australians around the world worship and recite ad nauseum, will either win you your job back (would you want to go back somewhere you'd been sacked from?) or at least get you a nice little pay out. :)

Please note, my slightly sarcastic tone is intended as a dig at my husband, not any of the other devoted FOAEL's (Follower Of Australian Employment Lore) that may be reading these messages. I thank you. :)
 
Southy said:
overall the laws here a rather fair, but the trail period is a lump of arse in theways to which they can just tell you to fuck off, but everything has a negative

I reckon the trial period is fair enough. I mean... what if you hire someone and they turn out to be to stupid or lazy to learn how to do the job? Or whatever else...

But me and my dad were talking about this the other night... and how management will put someone on for a 3 month trial, and pay no attention to them for the 3 months, sign them up full time without asking for anyone elses opinion, and then 2 months later realise they're stuck with another hopeless cunt they can't get rid of.