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motiv

So my partner just got fired

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Got a call this arvo from my partner saying "I just got fired"

 

I didn't care too much because the accounting firm she works for is one of the worst, and illegally operated places I have ever come across. (which we will be tipping off to the ATO)

 

Anyway, she is in her probation so she cannot pursue for unfair dismissal which is what happened.

 

To cut a long story short - Her boss is constantly on the rampage sexually abusing staff (verbal) and verbal harassment. As my partner is not one for copping shit and verbal abuse, she would speak her mind at times. This is where he let her go under the reason of, underperforming (utter bullshit - She knows more than this guy who isn't even qualified at all!! no education what so ever uni, cpa, ca etc...!!) and not respecting the boss...

 

My main concern is that they have not paid her superannuation at all, overtime pay owed (about 9 days all sat and sun) and her last 2 weeks of pay (which should be in our account right now). To top it off, the other partners don't even know she was fired.

 

Now, I will be getting her to call the director on Monday to demand all that she is owed. But would need to clarify - as she was let go, is the company entitled to still pay the above listed??

 

Anywho, would like your opinions and suggestions.

 

Edit: PS - she has not even received a payslip so we cannot confirm if she was even getting taxed!!

 

Cheers

Rob.

Edited by motiv

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I have absolutely no experience or expertise in this field, or with any situations like this. But it sounds like you're in a position to get this prick/company in a lot of trouble, and if she was unfairly dismissed, I say milk them for every penny they're worth.

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Anyway, she is in her probation so she cannot pursue for unfair dismissal which is what happened.

Since when doe's unfare dismissal not apply 'cos a employee is under probation.

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Anyway, she is in her probation so she cannot pursue for unfair dismissal which is what happened.

Since when doe's unfare dismissal not apply 'cos a employee is under probation.

 

from the law book

 

Federal unfair dismissal laws state that employees serving a “probation period” and employees serving a “qualifying period” are excluded from being able to bring an unfair dismissal claim. The maximum “probation period” is three months unless a period of greater than three months is reasonable in all the circumstances. The “qualifying period” is an automatic six months. The “qualifying period” can be reduced or increased in writing but any increase beyond the automatic six month time frame must be reasonable.

 

Rob

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But would need to clarify - as she was let go, is the company entitled to still pay the above listed??

 

Anywho, would like your opinions and suggestions.

Yes, their intitled to pay superannuation, wages and overtime.

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I know you are emotionally invested, but there is also the possibility that she was no good at the job.

He ain't gonna say that in public if he ever wants to fuck her again.

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Now, I will be getting her to call the director on Monday to demand all that she is owed. But would need to clarify - as she was let go, is the company entitled to still pay the above listed??

I think you mean obliged rather than entitled.

 

And of course the company is obliged to pay its workers what they've earned.

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I know you are emotionally invested, but there is also the possibility that she was no good at the job.

Not really emotional on this one, I just dislike companies who treat their employees like crap (I have been through that) and who practice illegally.

 

But, I for one can confirm that the owner of the company (who happens to run another company of which I look after on the Import/export of goods) has directly told me that he is very impressed with her work.

 

Rob

 

Edit: remember.. ie is what you use when you plural a word ending in y

 

 

I know you are emotionally invested, but there is also the possibility that she was no good at the job.

He ain't gonna say that in public if he ever wants to fuck her again.

 

She doesn't troll these forums :P. So i'm safe :D

 

Rob

Edited by motiv

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I just dislike company's who treat their employees like crap

The following is prolly 1shot's fault...

 

When you pluralise a word ending in y, you (EDIT: almost always) swap it for ie... and save the apostrophes for possessives and contractions.

Edited by Kimmo

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Hmm- if the owner's impressed with her work, perhaps a chat with him is in order?

That will happen on Monday. Just need to prepare her as this is something she has not done before.

 

Now, time to send an anonymous tip off to the ATO.

 

Rob

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When you pluralise a word ending in y, you swap it for ie... and save the apostrophes for possessives and contractions.

If I have one monkey and some one give's me an other monkey, do's that mean that I than have too monkies?

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Sexual Harrasment, Not paid super or over time, un-fair dismissal.

 

Somewhere, in Australia, a Lawyer just creamed his fucking pants. Dude talk to a flipping Solicitor straight away!

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When you pluralise a word ending in y, you swap it for ie... and save the apostrophes for possessives and contractions.

If I have one monkey and some one give's me an other monkey, do's that mean that I than have too monkies?

 

I wuold hvae to say taht you dfeinlety wlil hvae too monkies

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Not 100% here, but Superannuation isn't compulsory for short-term employment, and that could also possibly include Probabionary periods.

 

Still, worthwhile letting all the relevant authorities know about the dodgy practices going on.

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Not 100% here, but Superannuation isn't compulsory for short-term employment, and that could also possibly include Probabionary periods.

 

Still, worthwhile letting all the relevant authorities know about the dodgy practices going on.

Well, She was employed as a full time staff member, with her contract specifying Superannuation @ 9% and overtime pay. Both of which she has not received at all.

 

I'm starting to think that her tax had not been withheld at all.

Edited by motiv

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Not 100% here, but Superannuation isn't compulsory for short-term employment, and that could also possibly include Probabionary periods.

 

Still, worthwhile letting all the relevant authorities know about the dodgy practices going on.

Trust me, its VERY illegal to not pay someone Superannuation man. The Govt will tear you a new arsehole for not doing it.

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Trust me, its VERY illegal to not pay someone Superannuation man. The Govt will tear you a new arsehole for not doing it.

It's VERY legal.

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Trust me, its VERY illegal to not pay someone Superannuation man. The Govt will tear you a new arsehole for not doing it.

It's VERY legal.

 

So what does compulsory mean??

 

But you are right in a way. If you are self employed, you do not have to pay yourself super.

 

Rob

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