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Leon
Leon, Solicitor
Category: Job
Satisfied Customers: 43502
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am 30 Year male living in australia on visa. My question

Customer Question

Hi there
I am 30 Year male living in australia on visa.
My question is personal and i want good advice and what you think or judge after reading my issue.
I work in Car Showroom as Cleaner along wid 2 more Cleaners.
So Total 3 guys are working as cleaner and fourth guy is working as Driver who is very close to the boss and he take cares of the building so basically he knows everything abt the company. We are three cleaner working under him.
I waa working in this company 3 Years back and the Boss appointed new General
Manager as company was nt making much profit so he appointed new G.m. I was working as cleaner but basic cleaning for example kitchen cleaning ,mopping ,wiping etc but not Toilets as other ppl were coming to clean toilets every fortnightly.
One day new General Manager asked me clean toilets and i was surprised and i said no and he told boss and boss asked him to fire
me.
Anyway i left the Job wid little regret. After 1 year the changed the building and they replaced dat manager too
So here i am going to share current issue.
The reason i told the past so you judge better.
Okie I needed job after 3 years and that driver who is close wid boss and also driver my good frnd. he asked and told my boss about me so he hire me agaim and boss agreed and i am back.
I feel that New manager doest like me and i really dont know, may b bcoZ of my bad image of past as dey fired me in da past.
he never praise for me even if i do very well and though he likez other cleaner and even though dat cleaner is fresh but manager likes him N ignore his flaws.
He always try to find flaws in me and complaints abt me to the driver who is our incharge.
i am giving u examples...
Once owner told me to park his dads car in the special car delivery area and i parked as owner told me but manager came after sometime And told driver your guy(me) doest use his brain as i parked in special parking as dat parking is only for deliveries. driver called me and yelled at me and i told him Hey boss told me so i followed what he said....
he said manager is upset and i was feeling very down and driver said dun worry sometimes we shud be quite if manager says something even if u r right...
Today i was busy in driving job as their was too much outside and i started cleaning and left my bucket in da side of showroom and manager complaint me before that i shudt leave buckets like dis but what can i do as dey ask me to drive da cars for outside work and cleaning . how can i do two jobs as i get confused bcuz one tym dey say clean the showroom and after fifteeen mins dey ask me to do different....
today i lost my car keysand was depressed and i was supposed to go somewhere for the company but i was near my showroom and realised day i lost my personal car keys and i stopped company car at showroom and was
looking for car keys in car park and manager seen and again told bad things abt
me to the driver...
he said to the driver that why rhis man doest understand blah blah and also
my bucket was left in the side of showroom....and he said to the driver that if he cant work properly than replace him(me)
My question is that WHY SHUD I DO NOw?
i work as independant contracter as dey dont was on books
Submitted: 1 year ago.
Category: Job
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Have you had a meeting with them to tell them how you feel?

Customer: replied 1 year ago.
i told that driver but he said sometimes we shud be quite....even hes nt sure ....
As manager just told him and also said dont infotm me wat he said and manager told him i will watch him onr month than will see if all goes well pr nt....
their negativ part is dat they hired me as contractor but treat me as employee....
Expert:  Leon replied 1 year ago.

Good Morning.

It may be a sham contract and that means that you are really an employee. But this may have to be dealt with by Fair Work Australia.

Here is some information.

http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/rights-and-obligations/contractors-and-employees-whats-the-difference

It may be that you speak to HR and see what can be done about it. If they do nothing then you should consider taking it further.

It is not an easy thing but bullying and harassment is not allowed no matter whether you are an employee or contractor.

Or you can start keeping notes about what is happening with dates times and who was involved and when you have enough them take that to the HR department and complain. Build your case.

I hope this makes sense and is of assistance and makes sense. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Thank you! for the reply....
I wanna know that whether can we sue Manager for racism or bullying etc which is impacting my family life and psychological effecting
me..
Thank you!
Expert:  Leon replied 1 year ago.

Good Morning

Yes you can take him to court for Harassment and bullying.

You have to show medical evidence on how it has impacted on you.

All the best