pinkcow

Today I called my solicitor to find out if there is any more ‘news’ about my case.  He said that my ex employer is prepared to consider a payout figure if I put one to him, but that he will not make an offer to me.  He is also still disputing the unlawful dismissal case and still says I was made redundant.  Unless we settle beforehand, the matter is scheduled for conciliation with the Industrial Relations Commission next week.

So anyway, in an effort to come up with a figure, I needed to find out how much pro-rata long service leave I am entitled to.  In order to be fair and correct, I needed to find out whether my maternity leave should be included in the ‘continuing service’ I provided to the company.

After an unhelpful online help session, and a telephone call directing me back to the previous organisation (”no, we can’t give you that information, call blahblahblah for that info), I literally sat and cried for half an hour.  I am SO frustrated and angry at the amount of time and effort one has to put in to simply get a ‘fair go’.

Anyway…once I had settled down I did an online search for the phone number I was referred to, and as I had hoped, found a website for the organisation where I was able to obtain the information I needed.

YES.  I am entitled to my pro-rata LSL at a rate of 1 week’s pay per 60 weeks continuous service as I have worked for more than 7 years with the same company.

YES.  Maternity leave IS included as continuous service.

YES.  There are penalties for not paying an employee their LSL entitlements upon termination.

I am was still unable to find any information about how to determine a fair and reasonable remuneration payout for lost wages, so I am hoping my solicitor can give me some guidance there.

I’ll let you all know what happens.

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For anyone following / interested in my case, I have a concilliation hearing with the Industrial Relations Commission on the 16th May.

My solicitor is also still attempting to settle the matter prior to the hearing.

My ex-employer is still claiming that I was made redundant, though his initial letter to me acknowledged my maternity leave (how can I BE on leave if I was redundant ??).  Furthermore, I was first advised of this ‘alledged’ redundancy in March 2007, (the “redundancy” occurred in May 2006 according to his solicitor).

He is also disputing the name of company I was employed by…not sure why ?  I was employed and paid by the parent company, he is saying I was employed by the subsidary company.  Both companies are completely separate entities.  As far as I am concerned, I can’t be sacked by a company I don’t work for…

So, no news yet, but I will keep you informed.

Thanks to those of you who have offered words of encouragement and support 

I am due to return to work on May 5 after 12 months maternity leave.  Last week I received a letter from my empoyer acknowledging that I have been on maternity leave for 11 months (actually, I haven’t yet), and informing me that while my job no longer existed in a 30-hour capacity I could jobshare with my replacement (she would do 40 hours and I would do *up to* 5 hours per day, 2 days per week).  I was not offered the 40-hour per week position (and in fact, there is no documentation anywhere to say that I was not doing 40 hours before my leave commenced anyway, and I was actually paid for a 40-hour week).

After 8 years of loyal service, I am shattered to have received this “kiss off” letter.  Eight years of doing all the officework (accounts, payroll, general clerical, BAS’s for 5 companies, PA, etc) and this is the thanks I get ?!

I called WorkChoices and they advised me to send him a reply letter outlining his legal obligations.  So I did.  Three days later I received a letter from his solicitor telling me that I was made redundant at the start of my maternity leave.

How is it that in one letter he can acknowledge my maternity leave, and in the next, say I was made redundant last May ??  How is it that I am ‘redundant’, and yet my replacement (who I trained 100%) has a 40-hour per week job doing exactly the same things I have been doing for the past 8 years ?

I also can’t figure out how it is that I have only now been notified that I have been made ‘redundant’.  Funny…I still have the keys to the office and internet access to the company bank accounts. I have also been into work on three occassions during my leave to assist my replacement - and I was paid for it.  How can I be redundant but still employed and paid when it suits them ??

I called WorkChoices again…and the Industrial Relations Commission…and JobWatch…and the Office of Workplace Services…  I was given the names and numbers of even MORE organisations to speak to regarding compensations and claims.

How is the average person expected to receive a fair go when they are shoved from pillar-to-post like this ?  I called a law firm and was told that it would cost me $235 per hour to receive their help. HELLO…I don’t have a job !!  It’s SO not fair that my employer can waltz into his solicitor’s office and pay to have me unlawfully dismissed, and yet I cannot afford to even defend myself 

I am going to call some more law firms today, but it may be that I am forced to lodge an Unlawful Dismissal claim through the IRC without legal representation.  I don’t care about financial compensation, I just want my employer to pay for what he has done.  He needs to learn that you can’t DO this to people.

I am DISGUSTED that I have to fight so hard for justice when I have done absolutely nothing wrong.  I did absolutely NOTHING to deserve, warrant or provoke this.

Has anyone else gone through this and what was the outcome ?

The TOILET (which was 2 steps away from you and was unoccupied at the time) is where you sit your daughter to urinate, NOT THE SINK !!!!!!!!!!

And I hope you cleaned the carpet in the playpen after your son urinated all over it.

I went to Centre Management to complain and suggest they send a cleaner to disinfect the sink, but it was closed…

** EDITED TO ADD : The sink was the one next to the microwave…not the hand basin in the toilet !

I have emailed Westfield…

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** a shameless plug for myself ** 

As a SAHM (Stay At Home Mum) I am THRILLED to have recently been given an opportunity to make some money working from home, doing something that I LOVE.  As a scrapbooker and the owner of a Craft Robo (electronic desktop cutter) I was already doing this for myself, but Kathy at www.rememberwhen.com.au in Bayles asked me to be the designer for her Laser Cuts.

Laser Cuts are exactly that — items (words, phrases, pictures) laser cut for scrapbookers and crafters from acid free Bazzill cardstock and ‘chipboard’.

Here is some of my work that is now available for purchase from Remember When Scrapbooking (there are loads more to come !) :

I have the following Sizzix items for sale if anyone is interested:

• Sizzix machine, cutting mat & converter - $100 SOLD
• 3 x embossing cards (teddy, star & tulips) - $ 5 each SOLD
• Fun Serif Upper alpha set - $100 SOLD
• Lollipop Lower alpha set - $100 SOLD
• Shadowbox alpha set - $200 SOLD

All items are used, but only a few times (literally !). One side of the cutting mat has not been used.

All alpha dies are still in their individual plastic bags and are in their original cardboard boxes. All items are in the original packaging, however I have had to tape the sides of some of the boxes as when I received them they were coming unglued. I also have the original box for the machine.

I am happy to sell as a bulk lot, or will separate (alpha sets must be sold as a whole set).

Note : Postage is additional and I will obtain a quote for you as required. Items are advertised elsewhere and I reserve the right to remove some or all of the items from this list as necessary.

Please contact me at cindyaw1975@hotmail.com if you are interested or have any questions.