Work Place Problem, A serious topic for serious responses! Options

[Jumpus GooDarus]

Jump gettin fired looks worse then quitting...
im confused!

No it's not worse

A boss has to give you a weeks notice if he/she intends to fire you & if they want you to leave on the spot then they have to pay you for that week

Visa/Vesa there's a law to also protect Employers

If you want to quit on the spot & not give a weeks notice then you owe your Employer a weeks wages

Which means if your boss owes you 2 weeks in backwages or if you have any holiday pay owing he/she can deduct an extra weeks pay from whats owing so dont get caught out let them fire you.

[poly]

ok im gettin confused here...
lots of diffrent ideas floatin about...
I still think ill leave no matter what...
Jump gettin fired looks worse then quitting...
im confused!

well i will put my two bobs worth in here.

tom no its not worse, it will give u the chance to go to the Department of industrial relations and employment. with a case for them to look at and respond to. so mate have a good think about what u wont to do and then do it.
u have some very good advice in this thread from j.g, sir reel and bees knees

tom is your dad in a UNION if so ask him if they will help and i bet they will jump on this bloke with the full fores of the law.

may i ask what type of industry u are in

[TomMc]

If i bring in anything like a union or whatever in then it drags it out whitch i dont want...
i sort of just want to end it and put it behind me...

[It'l Do]

Tom,

TAKE AN ADULT WITH YOU.

Just try and stay in his office/home until you get a cheque for the hours you have worked. Go tomorrow why wait till Monday.
The legislation is called the Truck Act. Have a read it is not that long.
DO not accept any excuses and I am sure he will have heaps of them. If he asks you to leave don't push it or you will end up with a trespassing charge.

Do not quit just DO NOT TURN UP.


Next time always get any job offer in writing even it is only casual work. Write it yourself and get the boss to sign it.


Good luck but I think you are getting fleeced.

[It'l Do]

May have missed earlier posts:

No it's not worse

A boss has to give you a weeks notice if he/she intends to fire you & if they want you to leave on the spot then they have to pay you for that week

Correct for a permanent employee but Tom is a casual and has nothing in writting.
Employer just does not roster/offer Tom any more hours/jobs. Advantage of hiring casuals but disadvantage is when they want to leave they just don't bother to turn up.

[Sir Reel]

HiTom
I completely understand where your coming from. Even if you do choose to leave. not turn up or whatever you decide to do, contact the department of industrial relations, while you get on with your life. Many people move on from their jobs before contacting the dept. Remember that if you don't do anything, he is just going to keep taking advantage of other young kids. The deptartment won't just look into your situation, usually they will look into the situation of all the employees in a business that has a complaint about it.
You won't just be donig yourself a favour, but you will be helping out all the others that are being ripped off by him. If you are on talking terms with any of the others, maybe you could recommend they contat the dept. also
Good Luck

[poly]

yep what sir reel said

[oz man]

I have just 3 questions what type of business is it and where.


As stated before he cannot in anyway or form leave a 1st or 2nd year apprentice unsupervised, that is a Federal offence under the Apprenticeship scheme and carries a large fine.
Also is the position casual or permanent and did you sign a WA form as that still is enforceable at this present time, and as someone stated only permanent are required to be given or give notice a casual can be dismissed on the spot.
As for your pay the law still states that it must be paid on the due date otherwise penalties can be enforced,and the due date is what has been agreed on your employment. eg Weekly, Fortnightly or Monthly.

Now for the 3rd and biggest question did he get you to fill out a Government tax and workcover form.

If not he is just doggey and I would take my loses and go straight to a Chamber Magistrate and see if I could file a claim in the small claims court which will cost about $20.00 and is added to his costs.This usually will get action and give him a bad name if your in a small town as most local reporters will pick up the story, but the magistrate will advice you which is the better way to take it.

[Spudly]

just cut ya losses and move on tom...

one day you will see his car/trailer in the street.. remove the caps of the tyre valves, put a rock in there and screw it back on...

Go home feeling satisfied that you got your revenge!

[poly]

one day you will see his car/trailer in the street.. remove the caps of the tyre valves, put a rock in there and screw it back on...

Go home feeling satisfied that you got your revenge!

ouuuuu thats not nice Rum, but i like it

[TomMc]

Oz thanks for that...
thats the best advice ive been given so far...
he hasnt mad me do any of those things... im goin into work today to pick up me original birth certificate, BSB and tax file number... ill do an hours work and ring them later saying i quit...
thanks to everyone whos posted...

[kkw]

Tom's original post stated that he got a job with a guy, mowing lawns. No apprenticeship etc. If he is a franchise (eg Jims Mowing) or a bona fide business, then he needs workcover etc. Just get your money from him Tom. He will try to rip you off, but dig your heels in and get whats due to you. If you quit and say 'shit happens' then this will be what you may do for the rest of your working life when you get screwed over. Stick to your guns.

[oz man]

Tom's original post stated that he got a job with a guy, mowing lawns. No apprenticeship etc. If he is a franchise (eg Jims Mowing) or a bona fide business, then he needs workcover etc. Just get your money from him Tom. He will try to rip you off, but dig your heels in and get whats due to you. If you quit and say 'shit happens' then this will be what you may do for the rest of your working life when you get screwed over. Stick to your guns.

I agree stick to your guns and a talk with a magistrate is free

[Spudly]

bugger all that, toms like what 16yr old?????

You dont need that crap in your life yet tom... move on..... if ya get your pay great but dont stuff around.. go find yourself a new job..

If you parants wanna follow it up then so be it, but at your age ya dont wanna start dragging crap like this on...

go and see a magistrate... thats just the start of a heaps of crap and wasted time for yourself for a small amount of pocket money...

go and egg his house and put shit on his doorstep and get a laugh out of it and let all these oldies worry about chasing it through court for a few dollers!!

[jasonb]

i agree with rum ,at toms age its not worth the trouble ,plus it dont take long to get around if he grags people threw court then he wont be able to get a job anywhere where he lives

[kkw]

Yeah I agree too - NOT. I know that I would be happy to work for someone for a month and not get paid. I could go and get another job and work for another jerk for a month and not get paid etc etc etc.

If the bloke is employing kids to mow lawns and not paying them for it, and getting a good turnover in staff, then he needs to face some consequences. I reckon if Tom's father knows about it and isn't helping Tom out, then there is a little more to the story than we have been told about. Tom asked for advice and he got it.

Would you work for a month and then be happy to forget about it when you didn't get paid, Jase? Rum? Age has nothing to do with it. You reckon because Tom is only 16, he gets to work for nothing? His old man should be doing something about it - I know I would be, and I'm sure you would be too Jason, if it was one of your kids.

What if you were promised a case of rum to do a months work, Chad and the guy wouldn't give it to you? You would snipe him with your 22/250.

[Spudly]

I said that toms dad should follow it up if need be, but tom doesnt wanna be chasing paperwork around and see courts..

I personally wouldnt bother.. Ive said what I would do! Prolly not snipe him, but id get him back somehow, i Couldnt be bothered chasing crap like that around...

[poly]

sorry RUM and JAS but i think u are wrong, there is a point were u must stand and fight for what is yours and to do less is to degrade your self. it is your call TOM.

[Spudly]

yea, i spose....

then he can write a letter to the council about the cracks in the foot path, and why stop there, start a protest over your pay and get the unions involved tom, Call kevin rudd up, complain abot the interest rates and tell him you want yuor garbage collected twice a week..

sorry guys, but it all sounds like a heap of oldies whinging with nothing better to do...

Its not over a great deal of money and I cant see tyhe point in Tom starting off somthing like this.. I just cant see it being worth toms time...

Sorry if it sounds like im calling yas a bunch of whingers, I really dont mean it to be offensive at all its just the way I see it, as a not that old bloke who has been through things like it before..

[kkw]

You're kidding Rum. So if someone came and stole 4 wheels off your 4wd, and you knew who it was, you would go and egg his house and not try to get them back legally? He would have stolen your property.

Same thing with Tom. If the guy doesn't pay him for 1 months work, he is stealing Toms wages??? What am I missing? There are no unions as such any more Rum. There are workplace agreements, and I would be surprised if Tom signed one which stated that he works the first month for free. I could be wrong though.