Got fired today! - Page 2

The Yeti · 06-02-2008, 08:21 AM

you got another job so move on, if he saked you for beign a smoker he was obviasly jsut looking for a reason and you should be proud of your self that he had to scrape the bottom of that barrel that hard for an excuess but my only question is if you never smoked at work and durin work hours how did he find out, as thats the eqivilent of sakign some on for having a beer after work, its not effecting work place safety or productivity theres no grounds for dismissal. But as I said, jsut build a bridge and get over it you'll be better off in the long run

Duke · 06-02-2008, 09:23 AM

Geeze Louise! Sacked for smoking when you don't even do it at work?
Good God girl, based on that line of thinking he could sack you for having sex. I'm sure you're not allowed to have sex in the food prep area either but you do that at home (I'm assuming of course, maybe you are allowed to have sex in the food prep area, what would I know).

Whilst I do believe you have every right to make life difficult for this moron, I wouldn't advise taking legal action if you're not feeling up to the stress of the fight yourself. Save your energy for other, more positive, things. Great satisfaction can come from watching a fool like that squirm under the threat of legal action, maybe have some fun with that.

But, if you're up for a good old fashioned donnybrook, then take the gloves off and sue to your hearts content.

By the way, if you ARE allowed to have sex at your old work, ... address please

Geez Louise · 06-02-2008, 10:15 AM

Quote:

Originally Posted by Duke

Geeze Louise! Sacked for smoking when you don't even do it at work?
Good God girl, based on that line of thinking he could sack you for having sex. I'm sure you're not allowed to have sex in the food prep area either but you do that at home (I'm assuming of course, maybe you are allowed to have sex in the food prep area, what would I know).

Whilst I do believe you have every right to make life difficult for this moron, I wouldn't advise taking legal action if you're not feeling up to the stress of the fight yourself. Save your energy for other, more positive, things. Great satisfaction can come from watching a fool like that squirm under the threat of legal action, maybe have some fun with that.

But, if you're up for a good old fashioned donnybrook, then take the gloves off and sue to your hearts content.

By the way, if you ARE allowed to have sex at your old work, ... address please

HaHaHa....That is gold Duke!! Ummm... NO!...pretty sure you are not allowed to have sex in the food prep area...and YES I do have it outside work hours...not always at home though....ok...too much information.

Thanks for the laugh!!

:

ABoringUsername · 06-02-2008, 01:14 PM

Now that you are not working for him, be sure to loiter around his buisiness and blow smoke at all potential customers as they enter and leave.

mcflux · 06-02-2008, 01:44 PM

An oldie but a goodie

StorminaTcup · 06-02-2008, 01:44 PM

Sorry to hear you were sacked, but glad to hear you already have new employment.
I agree with Duke, it is very stressfull to battle. Mainly due to they will make up lies and sometimes even false paperwork as proof of previous warnings. I know this first hand. Good luck with whatever you decide.

MITCHAY · 06-02-2008, 02:22 PM

I smoke all the time when at work. So long as the work is done my boss doesn't give a crap. I also come in early and leave late without pay and never have a lunch break.

Yellow_Festiva · 06-02-2008, 02:58 PM

Quote:

Originally Posted by Ghia5L

An oldie but a goodie

Thats it.... i'm taking up smoking

:

troppo · 06-02-2008, 03:12 PM

No need, it doesn't say "blow smoke in her face..."

Edit: getting back on topic, I also work in a food (actually beverage) factory and smoking is allowed in the designated areas. I'd say unfair dismissal based on what you've said.

Quasi · 06-02-2008, 03:13 PM

Quote:

Originally Posted by Geez Louise

Does anyone know the legal stand point on this issue??

:

I'd say he's screwed. If he told you straight out it was because you smoke [on your own time] then he just broke a cardinal rule of EEO.

Are you on a work agreement?
Is being a non-smoker stipulated in your work agreement?

Even if conditions of employment state no smoking during business hours, he must prove you did (the fact that you didn't makes that impossible).

MarkAW · 06-02-2008, 03:17 PM

Quote:

Originally Posted by Geez Louise

No warning....not in the Union...being General Manager...was not part of the union...wish I was now!!

Have I got this right that you were a "General Manager" ie one step below the CEO (Chief Executive Officer or Managing Director) and CFO (Chief Financial Officer)?

If this is the case then you be employed under a contract and your dismissal would be a simple breach of contract. If you are on a contractual employment, it won't matter what you were sacked for, its still a breach of contract - the reasons are irrelevant.

As for the dismissal, do you have any evidence (written or observed by independant parties) that this dismissal was actually a result of your habit or will it be classified as heresay evidence?

If its heresay then you have jack's for getting any satisfaction.

Geez Louise · 06-02-2008, 05:46 PM

Quote:

Originally Posted by MarkAW

Have I got this right that you were a "General Manager" ie one step below the CEO (Chief Executive Officer or Managing Director) and CFO (Chief Financial Officer)?

If this is the case then you be employed under a contract and your dismissal would be a simple breach of contract. If you are on a contractual employment, it won't matter what you were sacked for, its still a breach of contract - the reasons are irrelevant.

As for the dismissal, do you have any evidence (written or observed by independant parties) that this dismissal was actually a result of your habit or will it be classified as heresay evidence?

If its heresay then you have jack's for getting any satisfaction.

You are correct. I have it in writing and I all I want is to be paid out which is going to happen.

This guy is a jerk! I dont want that job back. He is honestly living in the 1950's and shows none of his staff any respect. Most of them stayed there as long as they have because of me. 2 handed in their resignations today.

That will teach him!! I don't want revenge....I just want my payout!

phoon · 06-02-2008, 07:42 PM

I will send this guy around to fix him up for you.

bob 351 · 06-02-2008, 08:00 PM

Quote:

Originally Posted by phoon

I will send this guy around to fix him up for you.

FAR OUT DUDE THAT IS SO

HE IS AWESOME

davocol · 06-02-2008, 08:02 PM

Bahahaha classic.

Quote:

Originally Posted by phoon

I will send this guy around to fix him up for you.

Jorgo85 · 06-02-2008, 08:47 PM

Three posts in a row all with the same pic. Whats with you people

:

Anyways. How is being a smoker in the food prep industry any different to teenagers working in Maccas, squeezing zits and scratchin their ***** all the time?

davocol · 06-02-2008, 09:10 PM

It's just too good not to repeat.

Nostalgia · 06-02-2008, 09:42 PM

As said im my PM to you yesterday Colleen, im very sorry to hear about this situation. Well done on getting another job so soon but. Take this clown to the cleaners, hit him with all you can. All the best matey.

flukey · 06-02-2008, 10:04 PM

we are talking only tobacco here yeah?!
it's all a bit hard to believe, based on what you've said you have a strong case. You don't want the job back, take the payout, move on put it down to experience. You'll be better off.

Geez Louise · 06-02-2008, 10:15 PM

Quote:

Originally Posted by NostalgEA

As said im my PM to you yesterday Colleen, im very sorry to hear about this situation. Well done on getting another job so soon but. Take this clown to the cleaners, hit him with all you can. All the best matey.

Thanks Ads. See you in Geelong at AFD!

:

StealthAu · 06-02-2008, 10:34 PM

You've lost me a bit, so you were the GM at this joint, but you got the flick because your not allowed to smoke in the food preperation area? Is this like a 2 man operation or something, cause I'm guessing it would have to be if you as the "GM" were in the food prep area. Ontop of this all, you don't smoke before or after work hours, yet you get sacked because you smoke.
I'll take a wild punt and asume there are a few chunks taken out of this story.

MarkAW · 06-02-2008, 11:18 PM

Being a "contractual employee", this would become a civil courts matter and outside the realms of the industrial commission (or whatever they have in Vic) and as said before its just a simple breach of contract to which you should be entitled to claim damages.

You will need to readup on the termination of services clauses within the contract, as he may well be within his right to "do as he pleases" - what ever is in the contract.

In the end your going to need a solicitor and take him and his company to court. Just be aware that what he owes you may in fact be less than the costs to proceed and in the end not worth the effort.

Geez Louise · 07-02-2008, 12:11 AM

Quote:

Originally Posted by stockoau

You've lost me a bit, so you were the GM at this joint, but you got the flick because your not allowed to smoke in the food preperation area? Is this like a 2 man operation or something, cause I'm guessing it would have to be if you as the "GM" were in the food prep area. Ontop of this all, you don't smoke before or after work hours, yet you get sacked because you smoke.
I'll take a wild punt and asume there are a few chunks taken out of this story.

I think you have misunderstood. I said it was in the food industry. The company does have a food prep area, and there is definately NO SMOKING in the factory. I think that one is a given although there are no signs anywhere indicating such but it is common sense.

As the GM I was in and out of the factory checking production schedules, stock, etc..The boss decided that as it was a food industry that he did not want any of his employees to smoke...PERIOD! Now, that is not a bad thing only he never told anyone until yesterday and he has never made anyone sign a work place agreement or an employment contract.

They are HACCP certified and the boss was concerned that this would effect the next audit.

Small company yes. 13 employees - after today - make that 11.

I never smoked onsite, outside the gates, anywhere on the same road as the company...basically not smoking until after work or on the weekend. He only found out I smoked because I had a guy from work come to my house for a BBQ and he told the boss.

Next thing I know I am being asked to leave immediately and he handed me a letter of termination stating it was because I am a smoker.

I have been thinking about this and yes I know I can definately take this futher as it is definately unfair dismissal..but it is not worth the stress.

I am just looking forward to my new job!

: Modern office and friendly as all heck people who are living in the present!!

I think that explains it all now....DAMN I NEED A

:

bob 351 · 07-02-2008, 12:48 AM

nah i say sock it to him i am sick to death of hearing about bosses sacking staff what gives him the right to say what you do with your own time as you have stated you did not smoke at work or any where near his premises and to be sacked because some ahole that you had to your place for a barbie well whats up with that give him both barrels and seek some legal advice i would also have a go at the so and so work collegue as well any how best of luck with it i hope you get some justice

atec77 · 07-02-2008, 01:09 AM

Quote:

Originally Posted by Geez Louise

I think you have misunderstood. I said it was in the food industry. The company does have a food prep area, and there is definately NO SMOKING in the factory. I think that one is a given although there are no signs anywhere indicating such but it is common sense.

As the GM I was in and out of the factory checking production schedules, stock, etc..The boss decided that as it was a food industry that he did not want any of his employees to smoke...PERIOD! Now, that is not a bad thing only he never told anyone until yesterday and he has never made anyone sign a work place agreement or an employment contract.

They are HACCP certified and the boss was concerned that this would effect the next audit.

Small company yes. 13 employees - after today - make that 11.

I never smoked onsite, outside the gates, anywhere on the same road as the company...basically not smoking until after work or on the weekend. He only found out I smoked because I had a guy from work come to my house for a BBQ and he told the boss.

Next thing I know I am being asked to leave immediately and he handed me a letter of termination stating it was because I am a smoker.

I have been thinking about this and yes I know I can definately take this futher as it is definately unfair dismissal..but it is not worth the stress.

I am just looking forward to my new job!

: Modern office and friendly as all heck people who are living in the present!!

I think that explains it all now....DAMN I NEED A

:

Next thing I know I am being asked to leave immediately and he handed me a letter of termination stating it was because I am a smoker.

"OOPS" well there you have it , if as you say you never smoked on the grounds then sue , go find a lawyer and explain what happened with the letter of termination , your gonna be quite well off .

strike · 07-02-2008, 10:03 AM

Quote:

Originally Posted by Geez Louise

I think you have misunderstood. I said it was in the food industry. The company does have a food prep area, and there is definately NO SMOKING in the factory. I think that one is a given although there are no signs anywhere indicating such but it is common sense.

As the GM I was in and out of the factory checking production schedules, stock, etc..The boss decided that as it was a food industry that he did not want any of his employees to smoke...PERIOD! Now, that is not a bad thing only he never told anyone until yesterday and he has never made anyone sign a work place agreement or an employment contract.

They are HACCP certified and the boss was concerned that this would effect the next audit.

Small company yes. 13 employees - after today - make that 11.

I never smoked onsite, outside the gates, anywhere on the same road as the company...basically not smoking until after work or on the weekend. He only found out I smoked because I had a guy from work come to my house for a BBQ and he told the boss.

Next thing I know I am being asked to leave immediately and he handed me a letter of termination stating it was because I am a smoker.

I have been thinking about this and yes I know I can definately take this futher as it is definately unfair dismissal..but it is not worth the stress.

I am just looking forward to my new job!

: Modern office and friendly as all heck people who are living in the present!!

I think that explains it all now....DAMN I NEED A

:

Hey Louise you need to take this guy to the cleaners. I understand what you mean buy "you dont want the stress", but it is for this reason that nothing ever happens to these people and what has happened to you keeps happening. Sometime KARMA needs a little push. LOL I am sure that you have the support of everyone on this forum, and if it comes down to a good old fashioned lynching then so be it to get some justice. HA HA (only joking about that last bit)

winkle · 07-02-2008, 12:21 PM

Hi Louise.

I have read this thread with interest, as I've had to change jobs a couple of times in the last few years. If you don't need the stress of chasing him in court, I'd simply try to put the wind up him. After you have received your entitlements (all accrued leave, pay in lieu of notice etc, whatever are the standard, accepted practices) and only after, write to him to say that you intend to pursue the matter for unfair dismissal. Make no mention of how you are going to do this, and do not ask for hush money or anything. Then speak to a solicitor and have them write a letter to him outlining the fact that he has broken this law and this law in direct contravention of this act and this act. The solicitors letter should ask for a response from him. It might cost you $200 for a local solicitor to do this. It cost me $55 for a solicitor to peruse my employment contract and make some suggestions over the phone.

As the owner of a small business, he almost certainly will wet himself (I did use another word here, but it was automatically deleted) when he receives this letter. If he is smart, he will possibly make another offer to make the matter go away. Even if you receive nothing, you can take comfort that you have scared him witless, taught him a lesson, and brought him up to speed on what he can and can't do.

Make sure you are paid for not receiving any notice - this should be two weeks pay, and will cover the cost of the lawyer easily.

Having said all that, you seem to have a pretty strong case worth pursuing, but I you can't be bothered with the stress, time and money involved, the above is a pretty good alternative.

Best of luck with your new job and your condition.

Cheers

Geez Louise · 07-02-2008, 12:42 PM

Hiya!

Just to clear things up...my name is Colleen but Louise will do!!!

I am surprised he didn't get me for all the times I came to work hungover!!!

He isn't worth the energy. He sent me an email today stating my entitlements will be paid today and final pay advice sent. Once I get that...and only after I get that, I may just get a friend of mine that is a lawyer to send him a letter....but I don't know if I can really be bothered!

Let the sad little man live his sad little life.

Colleen

Grum · 07-02-2008, 12:56 PM

And what happens when the next employee to get fired is a 20 year old single mum working her a55 off the get by? She gets fired for the same reason because the boss thinks he can get away with it? If you don't do something about it he will not stop, infact he could get worse.

Not everyone has the same luxury as you to not worry about being fired!

scoupedy · 07-02-2008, 01:13 PM

Johneys gone but his hang over will remain for some years yet