Constructive Dismissal - Requested to Set a Time Frame to Leave Work

ozbaragan on 20/12/2018 - 16:40
Last edited 20/12/2018 - 16:55 by 1 other user

A friend told me what happened in his work place so I am curious to know what Ozbargainer think of it.

Basically my friend is not on good terms with his employer. He was called in and ask whether or not he is unhappy which he replied yes and explained the reason why. This was due to several events where he was yelled at and harassed. Afterwards his employer advised that he has been taking too many sick leaves and he replied that he was indeed not well and has provided medical certificates for those sick days. He was asked to manage his sick days better.

Then the employer tried to blame other things on him which he knows it's not right and he can explained all that was accused. At the end of the conversation the employer said that they know he is not happy, so better set a time frame so they can find someone else to train and take on the role. At this stage he asked whether or not he was fired but told no. However they still want him to give them a date when he would leave the work.

Is this constructive dismissal? and what would you do if you were him? He already contacted Fair Work Commission and lodge an application. No bikies will be involved :)

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  spackbace on 20/12/2018 - 16:51

  +4

  Just leave. It's obviously mentally detrimental to be in that job for various reasons.

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  Fergy1987 on 20/12/2018 - 16:55

  -3

  I just want to shop for bargains - not be a life coach

  

  Fergy1987 on 20/12/2018 - 16:55 (Collapsed - Offtopic. Show)
  • 

    Baysew on 20/12/2018 - 16:58

    +1

    OK, you can go on standby. I'll get HighandDry to fill in.

  • 

    GG57 on 20/12/2018 - 16:59

    +1

    Fair enough, OzBargain Deals is the place for you.
    Maybe not the Forums, so just filter your feed.

  • 

    Ryanek on 21/12/2018 - 08:49

    Nah, i'm here for the drama.

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  zonra on 20/12/2018 - 16:56

  +2

  I have personally been in a similar situation before where work environment was getting progressively more toxic every day.
  My advice is to look for another job and leave, the current place will not be getting any better.
  FWIW I did leave that job and the only regret I have is not leaving earlier.

  • 

    cheapjunkie on 20/12/2018 - 16:59

    Same went through it too and fully agree…. No point trying to get revenge etc by going to Fairwork to get em etc, just get paid for the time you worked as well as Super then leave and start anew…

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  GG57 on 20/12/2018 - 16:57

  Leaving aside the health issues that your friend may have, it can be counter-productive for both parties if a disgruntled employee stays without a resolution to the underlying issues.

  I don't condone the actions (that you have mentioned) to date by the employer, but your friend would probably be happier (and potentially healthier and more productive) elsewhere. It doesn't sound as though there is an urgency to the separation, just a plan that both parties agree to work towards.

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  [Deactivated] on 20/12/2018 - 16:58

  +3

  Find a new job asap then give the minimal notice required

  • 

    JIMB0 on 20/12/2018 - 21:20

    +3

    And use all the sick days first.

    • 

      [Deactivated] on 21/12/2018 - 01:03

      +3

      Once you hand in the resignation, call in sick everyday until your last day. Even if it is unpaid, it will be worth it.

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  [Deactivated] on 20/12/2018 - 17:28

  Just find a new job then quit. I expect the current employer would have no problems with them taking time off for interviews and would be very flexible on notice.

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  whooah1979 on 20/12/2018 - 17:35

  +2

  his employer advised that he has been taking too many sick leaves

  Who is going to hire a new employee when they can't perform their tasks?

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  Baysew on 20/12/2018 - 18:03

  +3

  At least we know that the workplace wasn't the ABC. Ex-ABC boss's 'silly corporate euphemism' wins 2018's worst phrase

  Earlier this year, the then ABC chairman, Justin Milne, wanted to sack senior journalist Emma Alberici. So he fired off an email telling the managing director to discuss "external career development opportunities" with her.

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  [Deactivated] on 20/12/2018 - 18:34

  +5

  So he has been taking a lot of sick leave.

  Regardless of whether it is legitimate or not, it is to detriment of the employer. Is it not conceivable that the lack of continuity at work has impacted your friend's performance, placed more stress on his co-workers and upset the work dynamics?

  It's only conjecture but I'm sure anyone who has worked with a perpetually absent co worker can sympathize.

  Perhaps the frustration of his employer and intent to remove your friend from the team is understandable. Your friend may be blameless but perhaps so is the employer.

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    ozbaragan on 21/12/2018 - 08:11

    I know some of colleagues and they all genuinely happy with him and support him in this matter. They all agree that the employer is a terrible boss and also my friend has never received a warning letter for performance issue or misconduct.

    • 

      whooah1979 on 21/12/2018 - 10:03

      +2

      my friend has never received a warning letter for performance issue or misconduct.

      Employees have to go to work to get that.

    • 

      HighAndDry on 21/12/2018 - 11:30

      +1

      I know some of colleagues and they all genuinely happy with him and support him in this matter.

      You're likely to be only getting one side of the story. Plus - you could be the most popular employee and still at the same time the least productive. The workplace isn't a popularity contest (or rather, it shouldn't be).

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  Nice one baby on 21/12/2018 - 01:09

  When does your friend turn 65? Maybe his work would like to pay him to leave before then.

  • 

    ozbaragan on 21/12/2018 - 07:58

    Haha not until another 30 years

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  HighAndDry on 21/12/2018 - 11:33

  Despite being summoned (thank you), I don't have a lot to say that others haven't already - if he's unhappy (which he is), and if the situation isn't going to change (and it looks like it won't), and he is sick - it's probably best for him that he leaves amicably, gets a good if not glowing reference, and finds a new job where both he and his new employer will be happier.

  At the end of the day, work is work - if your friend isn't showing up to work, no matter the reason, of course his boss isn't going to be happy. A medical certificate doesn't get any work done. I wouldn't go to the FWA either, not unless it's an absolute last resort like he's not being paid out his entitlements - it's an option, but it will severely limit your friends options. For one thing, no way is he getting a reference if FWA intervenes.

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    Baysew on 21/12/2018 - 15:19

    +1

    Better to say you left on your own accord, rather than being sacked. The writing is on the wall, seems everyone is a winner. Your friend leaves a job that they are unhappy with, the employer loses an unproductive employee and the rest of the staff don't have take up the slack caused by erratic absences.