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Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
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Hi , My name is XXXXX XXXXX I work as security guard in Crown casino

Customer Question

Hi , My name is XXXXX XXXXX I work as security guard in Crown casino for MSS Security PLD , and I been on this site for almost 4 years and half , in the last 6 month I been very seeck for stomach and ears problems , and after used all my seeck leave and annual leave I back to work and ask 2 time to my manager to give me only day shift for medication reason , they told me no and know I feel again not wall.......can I have any raccomandation about , I give them two letter from my doctor. thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.
Hi Mario

Thanks for your question. My name is XXXXX XXXXX I would be happy to help you with this.

I think you've done the right thing in going to your union. They will should be able to help you with this.

If they don't allow you to change to day shift, they could be in breach of the discrimination legislation. Because it would be discrimination against you because you are suffering from an illness or injury by making it impossible for you to work and not making reasonable adjustments.

Further, if they take any action against you to dismiss you because you can't work, they would be in breach of several pieces of legislation.

So you have some good protection here. I think this is a matter of talking it through with your employer and I think it will be good for the union to come in and help you with this. Hopefully they will be able to make your employer be more reasonable. If not, you can consider bringing a claim for discrimination.

Please let me know if you have any more questions.

Regards,
Sean

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
Sean and 2 other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Sean thank you for your verification very accurate , can tell me if I going on and take action again them for discrimination what can I have in end I mind is my claim only a received what I am asking or something more?

Expert:  Sean replied 1 year ago.
Hi Mario,

Here are the potential orders you can get in a discrimination claim:

- that the person refrains from committing any further contravention of the EO Act

- that the person pay compensation to the applicant for loss, damage or injury suffered in consequence of the contravention

- that the person do anything specified in the order with a view to redressing any loss, damage or injury suffered by the applicant as a result of the contravention

For you you can get compensation for loss damage or injury suffered as a result of the contravention. This would mean if you lose your job that you would get compensation for your lost income while you are not at work. Or if you are unable to work because they don't give you the right shift, you could claim compensation for lost income there too.

Also, if you suffer any further injury because you have to work nights, you can claim compensation for that too.

Customer: replied 1 year ago.


Ok Sean so a this stage what I have to do , the Union told me to go work in night and see how I feel

Customer: replied 1 year ago.
Relist: Other.
i am very satisfied, how you said I am not
Expert:  Sean replied 1 year ago.

Do you feel you can go to work at night without being negatively affected? If you don't feel you can, I wouldn't go to work. But if you feel you could try it and see how you go then that would be ok. Just be sure not to do something that would put your health at risk. If you don't feel you can do this without putting your health at risk then you should talk to your union again and say it is not a good idea.
Customer: replied 1 year ago.


Thank you for your effort now I have my mind more clear .REGARDS MARIO

Expert:  Sean replied 1 year ago.

That's great Mario. I've enjoyed helping you. Please come back again if you need any more help with this.
Regards,
Sean


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