Dp works in a factory, ment to be as a factory hand, is paid as such, (so sweet f all), but also fixes the machines in the factory when they break, fixes the bosses cars, he did a complete gearbox change in the boss's jaguar the other week, all for no extra money.
They treat him like poo ie they pay him 38 hours a week yet expect dp to do overtime for no extra moiney, he is in a tin factory with a huge oven and often wortks in the roof and they only allow him to use a small pedestal fan in QLD heat.
Anyways in jan dps rego runs out in his car which is a death bomb so a week and a half ago dp tells his boss he is resigning on the 14th of jan (the last date of the car rego) as we cant afford a new car. They werent happy about it and just kept saying we will talk.
They came back to dp thursday and said you can resign xmas eve than we dont have to pay you over the week break. (dp is full time but due to a severe illness that happened just after dps holiday he has used up all off his sick days except for 3 days, so his boss is worried about paying him 2 days!!!!) can they do that?
I should also mention that the reason dp was so sick is he got a severe infection in his arm which needed to be left cut open and cleaned daily at the docs due to metal being in his arm from work.
They are also saying that because dp is choosing to leave they dont have to give him a seperation certificate.
I know dp will get a job by the end of jan as he is like that, very multi skilled and never has a problem finding work, but everythings shut over xmas and we cant live on no income
please help he is having a discussion tomorrow with the bosses
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19-12-2010 18:41 #1
need human resource info help asap, please
19-12-2010 18:52 #2
Not having to pay him for the leave if he finishes on the 24th is right, but they will have to make him redundant if his already given his notice of the 14th in writing. Sick leave isnt paid out unless you are employed under a specific EBA not the award.
If you request a seperation cert. they have to give it to you, if they dont & you need it for C'link, get them on the case for it or issue them with a letter of demand.
The non paying of overtime is an issue for fair work to sort out, his arm is something workcover needs to know about if they dont already.
No air con in a tin shed is not uncommon, its not something that can be air con'd.
Last edited by TripleTime; 19-12-2010 at 18:54.
19-12-2010 18:53 #3
19-12-2010 18:54 #4
Your DP has given his notice in writing?? Not that verbal isn't legal, just easier to argue legislatively if its written. If the employer wishes to finish him up early and it is not a mutual decision, and not due to misconduct, then they must pay him in lieu of notice.
Legally, they must always issue a seperation certificate within the required time frame, it is just the reason that is ticked that will be different if he has resigned.....
Is he a permanent employee?? Do you have a copy of a contract?
Which state are you in? Is your DP's doctor willing to give him a workcover certificate for the injury/illness? Is he willing to report the organisation to workcover for unsafe work practices and conditions?
How big is the organisation, as in how many employees? And how long has he been with them?
I would be checking out the Fair Work website if I was you, and contacting them in regards to what action to take next for a number of the issues you have spoken about....
19-12-2010 19:05 #5
thanks for all your help
dp works in QLD, for the one employer for 18 months full time
Its just him and 2 bosses who are partners, no other employee
He didnt give his notice in writing. dp is illiterate, and while good with his hands isnt good business wise, or filling out forms so i am trying to clear this up for him
As for dps injury the boss just said he probably did it at home
He doesnt expect air con but the day he was working above the oven (the oven is the size of a house) and took 2 fans up there the boss made a huge deal of him using 2 fans and yanked one away
The place is shonky as. dp says they use fire water on a daily basis, they leave dp on his own alot in a factory running which is illegal.
dp isnt the sort to make a fuss, just wants whats fair
i should mention he is on 18.50 an hour
Last edited by suemp; 19-12-2010 at 19:07.
19-12-2010 19:18 #6
Ring fair work tomorrow morning ASAP, they should/will give you a plan of attack.
You need to write his resignation & get him to sign it, unless its in writing its all hear say.
19-12-2010 19:28 #7
If the area is above a certain temperature due to artificial means (plant operations) he should receive heat allowance for the period working in those conditions....
For hours worked above and beyond the 38 per week, he would be entitled to either time in lieu, but he has to agree to that, or payment at the appropriate rates.... if he/you have kept track of his extra hours worked, he would be entitled to put in a claim for payment owed, and you can pursue this through the ombudsman....
If the workplace is unsafe, and the employer is hiding what are workplace injuries or illness, workcover need to know....
As PP have said, contact the fair work ombudsman tomorrow and get on to them straight away.... they cannot reduce the notice he has given without payment in lieu of notice, unless there is misconduct on your DH's part...
The Following User Says Thank You to Veritas For This Useful Post:
19-12-2010 19:41 #8
thanks for taking the time to help everyone
20-09-2014 19:27 #9Junior Member
- Join Date
- Sep 2014
Thanks for your help!
Ring fair human resource work will provide you a plan of attack. The all you need to do is to compose his resignation and permit him to sign it. !
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