Dismissal help

bob^ · 25-03-2008, 03:56 PM

Gday, today my gf got the sack from a store she has been working at. She has been there approx 3 months (6 month probation), and came back from a 2 week holiday today to get the news from the area manager.
The reason the area manager gave was that her skills aren't up to the standard they should be, but 3 weeks ago when the same area manager gave her a review, she said she was progressing extremely well and is doing a good job. The two stories contradict.
When she went for the job, she informed them that she had been planning a holiday, and just needed to book, but if it was a problem then she wouldn't go. They told her it was fine, and the area manager at the time took it all through the right channels to get approved.
It seems as though the new area manager didn't like the fact she took the two weeks off, even though the previous manager said it was fine.
Does anyone think she has some kind of leg to stand on? Or is it best to just walk away?
Neither of us know who we can talk to about advice, as we have never had to deal with something like this.

Thanks

gtfpv · 25-03-2008, 04:05 PM

i dont know the rules regarding this . but it seems she wasnt there long, and i do believe the owners/or boss, have some rights on her employment. i'd simply move on . if for some reason , it was chalanged and she retained her job, she would leave relatively quickly afterwards.

Kryton · 25-03-2008, 04:11 PM

they told her it would be ok to take a holiday because they cant tell her not to.
what they really meant was "we cant stop you, but your better off not going and showing us your loyalty first".

as you said, she didnt even have it booked yet she chose a holiday over her job.
what would that say to any employer?
and what the previous manager said doesnt matter when you have a new manager.

walk away, they have given a legit reason and there isnt really anything you can do about it.

fmc351 · 25-03-2008, 04:22 PM

If she was given leave, her taking a holiday doesnt mean anything negative. She has done th right thing and informed them before they employed her of he intention, they still employed her, and then granted her leave. Doesnt matter if the manager changed, the entity that employs her is the same and its the entity that provides the leave, the manager merely approves it.

Yep, the review seems to contradict the reasons given for dismissal.

The best advice is dont seek advice like this here, talk to someone who does this for a living.

bob^ · 25-03-2008, 04:27 PM

Yeah it was leave that was granted.

So at times like this who do you go see? Just a lawyer?
Probably not worth it really...

gtfpv · 25-03-2008, 04:32 PM

Quote:

Originally Posted by bob^

Yeah it was leave that was granted.

So at times like this who do you go see? Just a lawyer?
Probably not worth it really...

now your talking.

Duke · 25-03-2008, 05:46 PM

3 months of a 6 month probation - you've got nothing I'm afraid, drop it and move on.

The probation period basically means either the employer or you can call it quits without reason at any time during that period.

Having said that, the holiday should've been cancelled. It wasn't booked and comon sense should've dictated that it would've been a silly idea to take it. That lack of comon sense and commitment to the job would've been enough for me to terminate unless the employee was outstanding in some way that made up for the silly idea to still take the holiday.

Sorry to be blunt.

wardle014 · 25-03-2008, 06:46 PM

I agree taking leave whilst on probation is stupid as it gives management the wrong idea about you.
Leave it and move on put in down as one of lifes experiences.

Director · 25-03-2008, 07:18 PM

I disagree. Employee was honest and up front concerning holidays BEFORE she commenced working ie at interview stage so the employer could have simply chosen a more suitable person at that stage. Most employers allow new staff to take accrued leave as required as it may suit the business anyway.
If the probation review was acceptable, and the employee continued conducting duty as required there is no grounds for dismissal.
I would certainly ask how the performance at work has differed from the probation review and ask for specific examples. If you disagree with the examples (if they even exist) pursue it further if she really wants to keep the job.

DBourne · 25-03-2008, 07:19 PM

mate dont bother.

a) it was within her probation, you have little to no rights at this stage anyway
b) even if you do cause a fuss and get her re-instated as if it is going to be a place she wants to stay in! imagine all the underlying tension etc.

not worth it

bob^ · 25-03-2008, 10:29 PM

Yeah I have told her it isn't worth it, and they aren't really the sort of people she would want to continue working for.
As Director pointed out, she was up front with them from day one, before she got the job.
Duke, good work being blunt, I'm not a fan of sugar coating myself.
Cheers fellas, it's something to learn from and move on.

Duke · 25-03-2008, 10:55 PM

Good on ya Bob. Taken in the right spirit.

capriv8 · 26-03-2008, 12:23 AM

As a business owner, Dukes reply nailed it.

cob115 · 26-03-2008, 06:17 AM

Quote:

Originally Posted by capriv8

As a business owner, Dukes reply nailed it.

i second that capriv8 spot on Duke

4Vman · 26-03-2008, 08:10 AM

Move on.. 3 months into a 6 month probation period, they can terminate employment at any time for whatever reason, there's nothing to gain by taking them on, and why would you want to keep or maintain a job working for them when they don't want you.

Pinch · 26-03-2008, 12:23 PM

Ditto all the advice about the limited prospects of appealing the decision. During the probationary period there is no ability to take the matter to a court (like an Industrial Relations Commission). It's not even a WorkChoices thing, this rule has been around in most states and federally since the mid 90's.

While the issue of the holiday seems to be debatable, as an employer adviser I would not support the action of the employer, even if the employer has the technical 'right' to fire without consequence in this situation. Forget all this 'reading between the lines' stuff, if the employer had an issue with the taking of leave, they should have said 'it would be inappropriate in a probationary period' and saved everyone the hassle. There can be rules that say an employee must take a certain amount of annual leave per year, some Annual Holiday Acts actuall mandate this, but in a 6 month period the employer could simply say that you could take it after the period in the remaining 6 months, and/or the probationary period could be extended by the amount of time taken as a holiday so they had the full 6 months to assess. It is all this shadow boxing that goes on in employment that causes most issues. If both employees and employers were up front with each other it avoids most disputes.

I agree that this is one employer that your gf is better without, besides which you don't have a choice legally anyway.

PM me if you need anything further.

Pinch
(Employment Relations Adviser)

bob^ · 26-03-2008, 05:22 PM

Thanks Pinch, that is the sort of answer I was after. Knowing where she stands and what can be done about it.

I think all that needs to be discussed has been discussed. Mods feel free to close this one now, cheers.