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Unfair dismissal claims. Need advice (SA)

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Hi everyone,

I'm having a bit of an issue with a job I'm at. Ill give as much information and hopefully someone can give me some advice/direction.

 

So I'm 18 and have been working at an IGA in south Australia since August 2009. I know literally everything about this store and have the capabilities to manage the place (and have done half time at the start of 2012). I would manage the store now however don't have time as I'm at Uni.

 

At about march 2013 we got a new manager. The manager literally doesn't give two f**ks about the place and have overheard him say "I'm just here because I was bored/had nothing to do when I was retired" (I generally care quite a bit about the store's well being and financial situation, I'm more than happy to voice my opinions when money can be saved and things can be done more efficiently.).

 

Basically this new manager is a *milkshake*. Doesn't give a f**k about the place or the staff. When he approaches me and tells me to do something i won't have a problem and I will proceed. However if he tells me to do something differently to how it's always been done and I can see fault and know its been done before and not as efficient the way he wants I will make a comment (such as "it's probably better off doing it this way as it doesn't take as long/costs less and is more appealing to customers). He hates this because he can't deal with someone younger than him questioning his authority. (He's very arrogant).

 

Anyway over the last few days I am being led to believe he wants to fire me and he intends to.

-Role playing ahead that he does fire me and without any official reasons (no theft/aussault or anything like that).

 

So lets say I get fired and it's for an illegitimate reason (which I believe it will be as I'm a good worker and he tried to cut my shift for tonight but then he had to rethink it and and gave it back. If it were a legitimate reason the store would not ever go back on that initial decision under no circumstances).

 

So after being fired without a fair reason and have been working there for four years would I have a likilhood of being successful in making a claim against him for unfair dismissal.

 

Any help/advice or links to gov websites are greatly appreciated.

I understand that some of you may just say "pfft just let it go and find another job" - I would rather not just let it go as it damages my credibility/ruins a résumé/makes me less employable in future.

 

Thankyou

 

Oh and if relevant info I have always been under the title of casual empoylee

And am also the cheapest person that can do EVERYTHING there including rolls that certain staff need to do like close the store each night (in other words a certain staff member needs to be on to close I am the most cost efficient (cheapest due to age)for that).

 

Thanks for any input in advance. I haven't read over this so if anythings unclear just ask and ill clarify

 

Edit just some presentation:typos etc

Edited by BNR32GTS

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I think you're looking at it wrong (however I must say you do everything else very very right)

 

Bringing an unfair dismissal case against the store is the wrong way to go about showing them you're a great employee.

 

I would normally say you need to talk to the guy and say absolutely everything on your mind and maybe even SLIGHTLY criticise his work ethic aswell as highlighting your own.

 

He also isn't the be all and end all of this, he only represents a very very small portion of a large company like IGA and you should really start talking to people level or above his role in the company.

 

Can you contact and talk to your existing manager about your concerns? And who he may reccomend you can also voice them to that might be able to mediate??

 

I can tell your great at your job and care, but being the guy who let it happen THEN launches an unfair dismissal claim looks poor to upper management.

 

Will type more when not on the bus : )

 

Edit: all in all you need to appeal to and show others that you went about everything the right way and in a mature manner if you wanna fill the shoes of a higher position.

 

Edit edit: also please add paragraphs so people don't skip over this and not add help

Edited by brent47

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Thanks very much for your response.

 

After he rung up to ask me back on he rung again to tel me not to come in and therefore the store lost money by putting someone else on for reasons stated towards end of first post.

 

At the store we have this order

•Top: owner - doesn't do a whole lot as he doesn't have the skills for communication

•Second: op manager. Deals with issues like this but never takes a feet first approach. Thing rarely happen unless super serious (serious customer complaints/theft etc). He's at the store minimally

•third: manager I'm having difficulty with 8-5 every weekday.

•fourth: staff which are night managers (myself and others)

•fifth remaining staff (can't close)

Consider fourth = fifth however as mentioned earlier at least one 'fourth' must be on for whenever manger isn't there (weekends/5-9 weekdays/public holidays)

 

I had a chat with the op manager today about it (second time I've complained about Neil - first was in regards to his shit ethic and lack of motivation to please customers - we're a small store and focus on customer service as we can compete with woollies/Coles price wise).

-----the way i had this conversation was not necessarily focused on my issue but mainly a detailed expression of concern for Neil's (manager) lack of financial concern (the onwner of the store owns two others - one in ki which is well off as its the main supermarket in town. The other is in walkerville which has just had a Woolworths open right across the road and is probably one of the biggest best looking woollies in Adelaide. It's literally across the road. The day it opened iga had four customers in the first 4 hours effectively easily backwards for the shift/day and probably a long period of time from now.). So that explains why we want to cut costs as we want to try and cut costs to optimize profit to help make up for the walkerville store.

 

I discussed with op manager about how

•instead of how things have been in the past where we'll have doing the load 1xManager + 1xLoad staff + 1xCheckout staff doing what they can do when it's quiet. He will now sit in the office and do literally nothing and roster an extra person to work - an extra 60$ in costs spent. On top of this these things will happen every day he'll have an extra person on for no reason = $60 a day for five days = extra $300 in costs per week.

 

I expressed all these things to him which he took note of but I don't believe anything will result.

 

We then discussed my occasional (what ill describe as a) failure to communicate adequately (seem more aggressive than assertive) however we've both agreed that the majority of the time he's just been too 'pompous' to accept I'm correct but sometimes (due to my constant shit mood) i may come across as more of a dick which is understandably not acceptable. And this is likely the result in a reduction of shifts.

 

I think from here the best thing I can do is sit down and talk to manager about various issues and disagreements trying to resolve these issues. Although I doubt it will go anywhere as he's the stubborn type that will probably not wish to get along with me and try and sort it out - however ill be open minded when I do this.

 

If nothing positive (for both sides) results from this I will probably speak directly to the owner about this although the things I'd say would come across quite sinister in regards to I'd say in truth "he's spending an extra $300 a week than he needs to (reasons stated above)" which is a bit back staby which the op manager advised me not to do today (don't stab him in the back).

 

I don't think speaking to anyone above the owner of my store is worth it as we aren't a chain like Woolworths each iga is a independently owned store (in other words unless an owner owns multiple stores; store A has no link/connection with store B). To the head of IGA/Metcash (iga parent company) I'm sure they'd just consider me a straw in the haystack. If anyone's going to care it's the owner.

 

Cheers.

Once again any advice appreciated including constructive critisism (for example of someone believes I'm not in the right or not as much as I believe I am I'm definitely all ears just please give reason instead of just saying so)

 

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Cheers for links enflamed. In regards to what you wrote if I were cut to one shift a week I could MAYBE deal with it as I could pick enough shifts up by covering for others.

 

If I were sacked in an attempt to cut costs as said in first article I would/may not be eligible for a claim. Would I also be correct in saying i would not be able to make one by saying that it's cheaper to keep me on than someone else because if someone else was fired because they're too expensive that would then go under discrimination of age

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you are a casual your shift terminates at the end of every day he doesnt really need to give you any reason to fire you

 

 

http://www.fairwork....ermination.aspx

 

 

http://www.fairwork....ermination.aspx

 

 

if it happens and you are fired and you would like to know your rights see this page

 

http://www.fairwork.gov.au/termination/unfair-dismissal/pages/default.aspx

Edited by 180sxnit

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I think you need to talk to the owner man, I'm sure he'd love to hear about how one of his managers is costing him money. If he knows anything at all about his store and how it's run then he'll know you're a valuable employee that's worth the money and he'll hopefully make some changes.

 

Otherwise, there's not much you can do; as a casual employee you get very little in the way of benefits or protections in comparison to part and full time workers. They'll likely just cut your shifts back until you cbf coming in anymore. As for the dickwad manager, that's a part of life and unfortunately you gotta put up or shut up. I'd start looking elsewhere for casual employment where you can start fresh and hopefully not have meet anyone like him.

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180sxnit - I don't believe that's true might be different in SA/NSW but hey I might be wrong

 

Keyhole- I agree, I could easily have him f**ked over by informing him of the managers unnecessary spending but at the same time I don't like the idea of f**king someone over which is dumb becaues he has about four properties in prime locations including riverland and brighton etc which he has big amounts of rent coming in per week and has a tonne of money from a Foodland that he sold. I will consider just sucking up to him and not giving a f**k just as long as I'm getting work there. At the same time I have a second job so still have an income but it isn't a lot. Therefore if I lost the job I've still got another. It's more just I don't want to lose 4years of experience on a resume (although I could always just reference the op manager as he's the only one that's been tehre as long as me). As I said before it's mainly the credibility.

 

I should probably just focus on dealing with working for a mong and keeping the job which I'm sure will take far less effort than going through all the workers right shit etc.

 

Cheers everyone for your inputs

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180sxnit - I don't believe that's true might be different in SA/NSW but hey I might be wrong

 

Keyhole- I agree, I could easily have him f**ked over by informing him of the managers unnecessary spending but at the same time I don't like the idea of f**king someone over which is dumb becaues he has about four properties in prime locations including riverland and brighton etc which he has big amounts of rent coming in per week and has a tonne of money from a Foodland that he sold. I will consider just sucking up to him and not giving a f**k just as long as I'm getting work there. At the same time I have a second job so still have an income but it isn't a lot. Therefore if I lost the job I've still got another. It's more just I don't want to lose 4years of experience on a resume (although I could always just reference the op manager as he's the only one that's been tehre as long as me). As I said before it's mainly the credibility.

 

I should probably just focus on dealing with working for a mong and keeping the job which I'm sure will take far less effort than going through all the workers right shit etc.

 

Cheers everyone for your inputs

 

http://www.fairwork.gov.au/about-us/the-fair-work-system/what-is-happening-in-my-state/pages/sa.aspx

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Get someone to send the owner an anonymous e email with a link to this thread...

 

Also, I know exactly which store you work at haha

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pretty sure you cant do anything your only casual so they can fire you whenever they feel like it and you can walk out whenever you want too

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Post your bosses email address

 

Well all email saying he was swearing in front is kids and touched a staff member inapropriatly and BAM he gone

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It's pretty simple. Move on. Why stress about some shitty little business? Another tip. All casual retail employees are dispensible. That's why you're casual. The sooner you wake up and smell the roses the better off you'll be. The best way to get back at these people is to become successful elsewhere

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OP, you have some bizarre logic to say the least. Things to consider:

  • You're a casual. The advantage of your contract is that they have a legal right to stop giving you work at their discretion.
  • You could suck this guy's cock for an eternity, but he's a proven asshole, and will very likely give you a bad reference just for a laugh. Seen it happen before and although it's illegal, you try proving it.
  • A "backstab" is when someone screws someone else over for illegitimate reasons, like making a false report, claim or complaint, or deliberately misrepresenting reality for personal gain or revenge. Making a report of the truth after giving the offender ample opportunity to change is not a backstab.
  • You raised this matter to the OP Manager and ZERO has happened, meaning he is either incapable of taking action, not interested in taking action, or has deliberately chosen not to take action.
  • The OP Manager has explicitly told you not to contact the owner, without promising that he will take action; a classic cockblock that suggests the Asshole Manager is a buddy of his, or he just couldn't give a toss about you.

The abridged version is that the business owes you nothing, you owe the management nothing, and no matter how hard you work, the business will not hesitate to spit in your face if it suits them. Seen it all happen before. If you're genuinely concerned about getting a valid reference, quit the job now and get a written reference from the OP Manager and the owner [if possible] and remove that stress from your life. If either asks for your reason for leaving after 4 years, just politely state that you raised issues regarding the Manager and no action was taken. If they insist on detial, then feel free to calmly state the situation.

 

Given age and experience, you'll come to recognise the reality of employment, which is that people will give you as much shit as you're willing to eat, and if making a stand is too problematic, then simply vote with your feet and leave. No point in stressing or seeking revenge; it's not your business and you weren't getting paid enough to care anyway.

Edited by pmod

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If I'd listen to anyone on the internet... Pmod would be one of the few.

Edited by TheApothecary

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It's only a job. Plenty more out there.

 

Pull the pin now, and move on. It's only going to get worse before it'll get any better.

 

In regards to your manager, I'd say he's never done anything like this before, and they've hired him based on his life experience, and probably a good employment record. It could be said that he may have been essentially promoted to a level of incompetence. In other words, he'll tie his own noose before someone (yourself, perhaps) gets him fired.

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