Do I Have Any Grounds to Complain to The Fairworks?

l2azor on 11/09/2022 - 19:58
Last edited 12/09/2022 - 10:07 by 1 other user

Hi OzBargainers, sorry for the long post.

I have been working in the healthcare industry for a renowned residential care provider for about 3 and half years. I worked in a casual role for 2 years but eventually got a permanent position filling up 76 hours a fortnight. In these 3 years, I have worked hard for my employer, double shifts, met deadlines and worked day and night despite family issues. I have encountered a few issues with this employer recently and in the last year as well.

I went on annual leave this year in February and I had to overstay my leave by almost 8 weeks. Now, as a responsible person, I reported to my managers and mentioned that I will need to overstay and I am able to quit my shifts if I have to. I didn't have enough annual leave hours accrued. However, I asked my manager to put me on the casual employee register so that I can still continue to work in the same place. I signed the changes to the employment form and HR sent me a letter that mentioned that my role is now converted to casual. I went for a training one day and I was informed by the admin that my name is not on the roster, it's been struck off. So, I asked my manager and kept on requesting casual shifts. But all I have been getting is the silent treatment.

Recently, I applied for a full-time position ("in the same place where I was supposed to be working in a casual role as per a letter from HR"). The manager comes from a different ethnicity than I am. I have been an internal employee and worked in a senior role as well. But a less experienced person (a graduate with one year of experience) was hired instead of me. I have an experience of 5 and half years in the same role. The person who has been hired in my place is from the same ethnicity as the manager.

The same issue occurred with me last year as well when my direct manager hired his best friend (from the same ethnicity) instead of hiring a prospective employee (That was me who gave the interview and successfully worked in the same role for about 10 weeks and met all my deadlines) I have been very good at the job but worked at another branch which was far from home.

Now, I am wondering if I have any grounds to complain to the FWC regarding the nepotism and discrimination which occurred at my workplace. I am not sure if I have been dismissed from the casual role because I recently found out that my name is actually not on the roster anymore.

What should I do? Simply move on? Please advise.

Edit - I have never had any workplace issues, had nice relation with everyone and my employee record is clear.

Education & Work

Comments

  • [Deactivated] on 11/09/2022 - 20:02
    +12

    if you aren't white, you might be able to claim racism. if you are white, complain, but don't expect it to go anywhere.

    • jv on 11/09/2022 - 20:40
      +6

      Or you can claim you are LGBTQIA and they are discriminating against you. That should work.

    • bobbified on 11/09/2022 - 20:42
      +11

      People who claim racism (when it's not) are the ones that screw it up for people who really face racism.

      • OBEY YOUR MASTERS on 12/09/2022 - 10:09
        -4

        Who really faces racism in this country?

    • GrueHunter on 11/09/2022 - 20:57
      +1

      I saw a remark somewhere earlier today that probably applies to parent comment and its other replies. It was something along the lines of somebody projecting so much you could construct a drive-in theatre around them.

  • l2azor on 11/09/2022 - 20:04
    +1

    I am not and my manager isn't white either.

  • Tony-Abbott on 11/09/2022 - 20:08
    +6

    If you are a Casual employee, they can basically do what they want.

  • sharkyoz on 11/09/2022 - 20:09
    +11

    hold on, that means people, other than whites, are racist?
    who'd have ever thunk that?

    • l2azor on 11/09/2022 - 20:12
      +7

      People other than whites can be racist.

      • jv on 11/09/2022 - 20:41
        +10

        Not in Australia.

        It is illegal.

      • Tee Rex Arms on 12/09/2022 - 00:37
        +4

        Japan has entered the chat

    • Lurk Hartog on 12/09/2022 - 10:52

      Everybody in the history of ever up until about 5 years ago.

  • AndyC1 on 11/09/2022 - 20:09
    +8

    Sounds like you need to apply for positions with other healthcare industry companies.

    Looks like you and the manager are not getting on and as you are a casual there is nothing you can do. You made a huge mistake in changing from permanent to casual earlier this year.

    • l2azor on 11/09/2022 - 20:13
      +1

      I had to look after my mother at that time, I couldn't have done anything. I wasn't sure if there was an unpaid leave available for me in such situation.

      • CheapskateQueen on 11/09/2022 - 20:51
        +6

        did you ask them if you could take unpaid leave? if not, why did you go straight to converting to casual? is that something they suggested? did you have any kind of conversation in writing re converting from permanent to casual solely to allow you to take unpaid leave? this first step is the issue and how it transpired will determine whether you have a case

        you can't have a claim of not getting a shift as a casual… that's what a casual is. but you should certainly seek advice about whether you were induced into some sort of forced termination when you converted from perm to casual (and then given no shifts as the second step)

        edit - didn't see you had already found a higher paying job. in which case, move on

        • Tommyaka on 12/09/2022 - 08:42
          +6

          Yes OP made a horrible decision.

          OP mentions exhausting annual leave but if they were caring for their mother they could have been eligible for paid carer's leave.

          If that backfired then next option would have been unpaid leave.

  • Zonty on 11/09/2022 - 20:10
    +7

    Find new job. There is a lot jobs in market. I bet you will find quick.

    • l2azor on 11/09/2022 - 20:14
      +3

      already found one and it's better pay but this manager has been doing the same to other employees as well. I am feeling that someone should respond back.

      • vinnychase on 11/09/2022 - 20:33
        +2

        Very hard to prove racism though. It's like trying to prove that someone's staring at your wife's ass.

        • l2azor on 11/09/2022 - 20:53
          +1

          I have pictures of manager and his friend who got the job from 2013 from Facebook.

          • dizzle on 11/09/2022 - 22:18
            +2

            @l2azor: Unless you have proof, like interview/hiring notes, unless they commented on race during your rejection. It's hard to proove if all you have is "they hired someone of the same race" (which could make your accusation look racist).

            You may have been better qualified, but all they have to say is "Ms Jones was a better fit for the position". It could be about personality (which isn't discrimination), it could be about excitement (which isn't discrimination), it could be about a plan for the future (which isn't discrimination). Them being a friend is certainly favouritism, but it's not discrimination.

            It's why a lot of companies don't give interview feedback anymore, they're scared of being accused of discrimination even if there wasn't any.

        • bobbified on 11/09/2022 - 21:09

          Not unless it's so big that people can't avoid looking no matter how hard they try to avoid it!

      • vince088 on 11/09/2022 - 20:42
        +5

        you found a better paying job, forget about the old one and move on, you will be much happier not thinking about them

      • AndyC1 on 11/09/2022 - 20:45

        Did you get a new job this year at a different company?

        • l2azor on 11/09/2022 - 20:50
          +2

          Yes I did. 25% pay rise.

  • ihbh on 11/09/2022 - 20:47
    +2

    Let it go, let it go…

  • bobbified on 11/09/2022 - 20:49

    However, I asked my manager to put me on the casual employee register so that I can still continue to work in the same place. I signed the changes to the employment form and HR sent me a letter that mentioned that my role is now converted to casual

    So was this your idea to voluntarily go from Full Time perm to Casual or were you "pushed"/"coerced" into signing this document that strips away all your Perm F/T entitlements?

    • l2azor on 11/09/2022 - 20:51
      +1

      One of my manager's told me that they can't wait that long for me to come back to work.

      • bobbified on 11/09/2022 - 20:59
        +1

        So how did it go from there?

        If it's a renowned residential care provider, then the HR area would likely be a separate division. It might've been worth raising it with them.

        Just on a side note - I work in the HR area of a large renowned residential care provider as well and the company I work for would never allow you to sign away your job like that (signing to go form Perm F/T to Casual), just because you couldn't return from annual leave on time.

        • l2azor on 11/09/2022 - 21:10

          I was told the same by another employee, possibly the manager didn't want me there.

          • bobbified on 11/09/2022 - 21:14

            @l2azor: That doesn't explain how the conversation went from from "I-can't-come-back-from-leave-right-now-because-I-have-to-care-for-my mother" to "I'll-sign-this-document-to-become-a-'casual'-employee".

            Who suggested it?

            • l2azor on 11/09/2022 - 21:17

              @bobbified: My manager did. She said that she has asked the HR and the company cannot wait for another 6 to 8 weeks for me to come back to work.

              • bobbified on 11/09/2022 - 21:20
                +3

                @l2azor: Is this over the phone or do you have it in email? If you want to take this further, I think you should take the document they issued (and you signed) to Fairwork and/or seek the advice of an employment lawyer.

                • l2azor on 11/09/2022 - 21:24
                  +3

                  @bobbified: I have this in my work email. I need to access that. Thanks for your time.

                  • bobbified on 11/09/2022 - 21:25
                    +5

                    @l2azor: Pushing you to sign away your full time permanent role to Casual status and then cutting your shifts until it's non-existent is a common way for some employers to get rid of people to avoid paying out the entitlements. If you succeed (or they think they'll lose), they'll likely pay you out (like a redundancy payout).

                    • l2azor on 11/09/2022 - 21:27

                      @bobbified: I need to get help in this matter. Do you know any lawyers that can help?

                      • bobbified on 11/09/2022 - 21:28
                        +1

                        @l2azor: Start with FWO. That way, it won't cost you anything.

                        • l2azor on 11/09/2022 - 21:30

                          @bobbified: Thanks very much. I actually never signed any change of employment form for this role. It was just an email conversation. Lol.

                          • cookie2 on 11/09/2022 - 21:35
                            +2

                            @l2azor: Make the complaint. When did you leave your employer? Worth looking at the different kinds of unfair dismissal as the conversation around getting you to go casual seems very dodge considering you're not on the register anymore. Shows no intention of providing you with a shift at all. The nepotism/racism is trickier but if you can show that multiple ppl less skilled than you, have been given the role, it'll be clear that there has been unfair favouritism, no matter the reason.

                          • morse on 12/09/2022 - 05:07
                            +2

                            @l2azor: But you said

                            I signed the changes to the employment form and HR sent me a letter that mentioned that my role is now converted to casual.

                            Regardless I do think this a poor practice and may be worth chasing with fair work and/or the relevant union. It sounds like the leave issue annoyed tbe manager and now they have a grudge. Be prepared for a stressful time though. Remember that HR works for the organisation’s interests, you need someone working for you, that’s generally the union. Potentially you could claim for loss of earnings with the drop in shifts when you got back. You’d probably want a good reason for overstaying your leave and evidence for it eg you were sick, couldn’t get a plane, border restrictions or something like that. The explanation you’ve provided here doesn’t really cut it.

                            In terms of the other roles, have you asked for specific interview or application feedback? This could be what is letting you down.

  • TheBird on 11/09/2022 - 21:19

    Now, I am wondering if I have any grounds to complain to the FWC regarding the nepotism and discrimination which occurred at my workplace.
    I suppose you have grounds to complain but your grounds are nepotism, your ground not worth standing on. Nepotism is legal. What do you expect FWC to do about people following the law.

    Discrimination, doubt it.

    What should I do? Simply move on? Please advise.
    Learn from your mistakes. You asked to go casual. That's pretty much the end of story.

    • l2azor on 11/09/2022 - 21:26

      What about manager giving job to his mates? Isn't that discrimination?

      • dizzle on 11/09/2022 - 22:19

        It may be against company policy (may not even be against that), but not discrimination.

      • TheBird on 12/09/2022 - 07:11
        +2

        What Dizzle said. Making a decision based on who's your mate isn't a decision against things like race, sex, religion, sexual preference etc.

      • Hardlyworkin on 12/09/2022 - 08:17

        What's wrong with giving a job to a friend? Most people would do the same as they are a known quantity. Discrimination is making adverse decisions because of a protected attribute like race.

        Giving a friend a job and not somebody else a job who is not a friend though is not white is not discrimination.

        To be successful in any case, you will need proof that the action taken was because of your race. So if you don't have any proof (emails, texts, notes from conversations etc) then you have no case.

  • pao2x on 11/09/2022 - 21:38

    Find another job, that should be very easy in your line of work. Can you complain to fair work? Sure. Do you have grounds? Hardly. Will anything happen to your complaint? Nope.

  • SF3 on 11/09/2022 - 22:46

    Bikies.

  • 82norm on 12/09/2022 - 08:04

    Move on, it’s in the past, it’s not your problem anymore.

  • Kay Elle on 12/09/2022 - 09:08
    +1

    Are you a member of the Union? If you were at the time you went overseas, make contact with them. They can help point you in the right direction.

  • R n b on 12/09/2022 - 09:29

    Just move on, there r plenty of vacancies ATM specially in health care industry. Don’t give them shit.

  • HelpMeiCantSee on 12/09/2022 - 09:37

    Casual employee. Enough said. The answer to your inquiry is no, you have no grounds for complaint.

  • neophytte on 12/09/2022 - 10:18

    What was the reason for an 8 week overstay?

    • Deridas on 12/09/2022 - 11:24
      +1

      OP said sick mother overseas, or words to that effect.

  • Ramrunner on 12/09/2022 - 12:20
    +3

    Like others have said - move on. Plenty of jobs for your skillset - who knows you may get a better environment and pay even?

    I'm going to my 4th funeral in as many months today. I realise life is WAY too short to spend it worrying, seething, getting even, even venting about it, whatever.

    Give your family a hug, move on and concentrate on future happiness, not past or current issues easily fixed by simply moving on.

    • Yola on 13/09/2022 - 18:17
      +1

      He said he hs a new job with 25% pay increase.

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