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I have been given a final warning at work about my figures…

Customer Question

I have been given a...

I have been given a final warning at work about my figures that we are supposed to get every week. Nowhere in the policy does it say that I have to write a this figure of $30000. I have never signed a contract that stated this either. The other issue that I have is that I am having a issue with my knee at the moment so I am in physio for this and I see my doctor regularly as well. My latest doctors certificate states that I am to do up to six hours of floor work and the remain time have to be spend doing office work. For the last four weeks I have not being doing this as they have told me I will lose my job if my figures up and the only way of downing that is to be on the floor selling. What are my options if I do get fired?

Submitted: 8 years ago.Category: Australia Law

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5/17/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

Is the injury part of a workers compensation claim?

Are they threatening to dismiss you because of your injury only?

What agreement did you have with them was it verbal and if so what do you recall?

Customer reply replied 8 years ago

Good morning Leon
The injury wasn't done at work. But I has affected my work because I can't stand on it all day yet this is why I am in physio.

They haven't said they they were going to fire me because of my injury but it has been implied when my manger has talked to me about my figures.

I started working for them about 4 yrs ago and I was never told when I first started I had to write $30000 every week to keep my job with either verbal or contract. I was given a copy of there polices like everyone else which I had to read before I started, and that was about it

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Kara

If they are aware of it and have made allowances and you can still work then terminating you now because of it is discrimination.

If in the 4 years figures have not been required to be noted then It does appear that this is all linked with the injury.

If they terminate you and it is for this your can sue under general protection and unfair dismissal with fair work

https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/general-protections

Does anyone else follow the policies and list figures?

Customer reply replied 8 years ago

Good morning
Everybody's figures have drop in the shop. As there hasn't been the people out shopping lately . There are a couple of people that have being writing the same sort of figures as me and I can't say I have seen them been given the same treatment as me.

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning

So if you can show that none is meeting their targets and you are the only one being threatened then it si a case where you are being discriminated against.

I hope this is of assistance and makes sense?

Customer reply replied 8 years ago

Good morning
Yes it does thank you.

With my doctors certificate saying that I can only do up to 6hrs on my feet and the rest has to be in the office, and because of the pressure I am under to write better figures I have been doing all day on my feet. Is there anything that I can do with this at all?

Solicitor: Leon, Solicitor replied 8 years ago

Good Kara

They have to abide by that as your doctor knows what you need.

You can complain to HR and have a meeting about it and see how that goes and not wait for the worst.

This is your only other option I am sorry to say.

Customer reply replied 8 years ago

So if I contact HR and before they do anything and I do get fired is there anything I can do legally ?

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Kara

HR has to investigate it all and it makes it harder because you have reported possible bullying. He has to then be careful what he does.

Unless he fires you you cannot do anything. If you feel you are being bullied and harassed you can file a complaint with Fair Work

But you should report it to HR first

I hope this makes sense?

Customer reply replied 8 years ago

Hi
Yes it does I just have to jump through some hoops first. But if I do get fired I can do something though.
I will have to contact HR tomorrow then and talk to them first.
Is there any information that I have to give to HR at all in regards to this?

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Kara

You just have to tell them what has been going on and how you are feeling harassed.

Good luck with it.

You are very welcome and 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

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