Need help with 'law' at work.

[Max Preload]

Would it not be their fault for not following me up on my employment contract?
Believe me, when (and if, considering) I do finally read it, I will make damn sure I agree to everything.

Not too sure on that - but I do know that the contract must now be in writing, whereas under the Employment Contracts Act it didn't.

As for the annual leave thing, does that not just scream out "NO PLANS FOR YOU BUDDY, WE DON'T CARE ABOUT YOU ENOUGH TO GIVE YOU CHOICE."

More "Your life must fit in around our business plans, to which you are not privy". It happens a lot more than you'd think so they can shut down over Christmas etc. (which is IMHO the absolute worst time to be taking holidays other than the statutorys).

[Owl]

Best of luck Blackshear! I know all too well what it's like to be at odds with the boss!
I nearly had words with him this week after he gave the apprentice a tune-up for turning up 5 minutes early and told him to get there 15 minutes early in future. However I'm a little sick of going into bat for everyone else and sticking my neck on the line for no thanks.

[HenryDorsetCase]

hello all, just need a quick clarification. What follows will explain why i have not looked this up myself (other than my inability to read all of their inflated words on appropriate sites).

I am a metal fabricator, and have been for the past 3 months, thus the workshop is a tough love kind of deal.
The shop foreman, to put it bluntly, is a cocksucker. He sucks his own cock, as he seems to make up all the rules.

This friday was the beginning of many weeks he has asked everyone to start at 6. Asked nicely too, as in, 'you're all turning up at 6am from now on for a while, but still finishing at 4.30 '.
I told him i could not possibly decrease my 6-odd hours of sleep to 5, as such a thing is 1. Bad to my health, and 2. Dangerous to myself in terms of safety. Yes, i have tried sleeping earlier, doesn't work.

So on monday just passed, he informed me i was an hour late. I also had a problem, and was in dire need of a solution to it.
I didn't solve it ha ha, he can suck my balls.
"you aren't part of the team then?"
'yes. Just not the 6am team.'
"well then, you get all the shit jobs until you start at 6."
empty threat, i get all the shit jobs anyway.

All was good up until today, where he asked me to work tomorrow from 7am, no excuses.
'i have plans, sorry. North head with my family.'
"ok, right. You have refused to work overtime this whole week, and you are now refusing to work overtime tomorrow. If you don't come tomorrow, i will have to give you a written warning. It is under your contract something something forlong and macey (?).got it?"
'sure thing. How many writtens do i have?'
"dunno."
'well fucking add one to it then, mate. See you tuesday.'

--------------------
tl;dr
--------------------

he not boss.
He force me work overtime.
He give me written warnings for not working overtime.

Does he hold this written warning power, and is it upheld by my contact, whether or not i have actually signed it? (i haven't).

Cheers all, i've never been a politics and law kind of person. There are so many clauses and loopholes, gaps and places to wiggle through.

g e t l a w y e r e d u p.


Get your lawyer to deal with the owner of the business or this turkeys boss.

[HenryDorsetCase]

Sorry, I meant I had a word to the boss about Ivans way of telling me i'm not part of the team.
The boss had nothing to with the starting at 6am party, it turned out.
Asked him to have a word to Ivan about it.


Is it possible that being 18 would play a part in this subordinating and belittlement?

Yes. that doesnt mean you are entilted to be fucked over. get unioned up, get lawyered up, make it happen or you will continue to be screwed over.

[Blackshear]

Best of luck Blackshear! I know all too well what it's like to be at odds with the boss!
I nearly had words with him this week after he gave the apprentice a tune-up for turning up 5 minutes early and told him to get there 15 minutes early in future. However I'm a little sick of going into bat for everyone else and sticking my neck on the line for no thanks.

Oh don't worry about that. I was AT WORK BEFORE 7 ALL MY FIRST WEEK, and he still gave me grief about not being there at 6:45, in case plans changed before work started.

g e t l a w y e r e d u p.


Get your lawyer to deal with the owner of the business or this turkeys boss.

Worry yourself not, there may or may not be another person or two willing to back me up a little. I wouldn't count on them, as they've known him longer, but hey.
Problem is, he really knows his shit in the workshop, and I give him respect for that. Just a bad white South African egg, to me.

[Owl]

g e t l a w y e r e d u p.


Get your lawyer to deal with the owner of the business or this turkeys boss.

Yeah, just been through that exercise with my partner and her bullying boss. I was amazed how fast her employer went into damage control once a solicitor got involved. Possibly the best $500 we've spent!

[Scouse]

Oh don't worry about that. I was AT WORK BEFORE 7 ALL MY FIRST WEEK, and he still gave me grief about not being there at 6:45, in case plans changed before work started.

Worry yourself not, there may or may not be another person or two willing to back me up a little. I wouldn't count on them, as they've known him longer, but hey.
Problem is, he really knows his shit in the workshop, and I give him respect for that. Just a bad white South African egg, to me.

He may very well be a great tin basher that does not nessacerily make him a suitable supervisor.

It sounds like he's treating you like one of his wipping Kaffer's from back home.

[Skyryder]

Start keeping a work diary and keep notes of all of his comments that that you find derogitory as well as the shit jobs that he gives you.


Skyryder

[McDuck]

I had a spat with my boss a few weeks ago regarding hearing protection. It lasted about 15 min, in the end i decided it was not worth my job plus i had made my point. The next day i came in and there were 10 new pairs of ear muffs on the table.


Just because the boss didnt seem to do anyhting dosnt mean he has done nothing.

[eelracing]

Three simple words. Join the union.

It's what they do


EPMU Union Support Centre on 0800 1 UNION (0800 186 466)

Can't stress enough that you should ring these guys and arrange to have a meeting with a union organiser.Take along any fellow workmates that feel the same way and discuss your grievences with them.There is power in numbers and any bad employer will shit themselves.

[FROSTY:Me]

Dude have a good long hard think about this. -DONT take it wrong just think about it.
Is it possible the issue is actually YOU?
Think about this for a bit.
We are in pretty tough times economically.
You are in an industry where the boss and therefore ultimately YOU get paid based strictly on the ability to produce the goods on time.
Follow this through for a mo-- You ALL say fuckit nahh we start at 7.00 finish at 4.30 --Jobs dont get done on time -the boss doesn't get paid so moneys tight.
Who's gonna be the first job they hafta chop.?
What I'm saying is youve been workin for 3 months,The foreman is under pressure to perfom and needs you --the new boy to be a team player. Yea he aint exactly diplomatic about it but can ya see the point now?
I had my staff this week starting an hour early -we are pretty busy right now. Noone complained --except that I bought the wrong kinda beer this evening for em. Heres the thing.
My staff and outside workers are part of a TEAM. Can you say the same thing?
Re the contract Dude if you haven't sighned a contract youre ferked. ya need to get that sorted PDQ

[Headbanger]

I bully staff into moving on if they won't start at the specified times, or won't work the required hours.

They are always welcome to work elsewhere. Go find your dream job.

[McDuck]

Another thing to add, have you tryed starting at 6? Or have you just shoved it into the to hard basket? With work at the orchard i have been fine till 4.30-5 no matter when i start. And if you do the hours you get paid the hours, and extra cash is always good with gass and stuff.

[Blackshear]

Start keeping a work diary and keep notes of all of his comments that that you find derogitory as well as the shit jobs that he gives you.


Skyryder

Funfortunately, all the odds and ends jobs are given to me anyway. Bottom of the ladder, see. So basically I polish things to a mirror finish all day, or acid and then scotch brite the acid and weld marks off so it's all pretty like.
95% of the work done are handrails. Very expensive S/steel handrails.

I had a spat with my boss a few weeks ago regarding hearing protection. It lasted about 15 min, in the end i decided it was not worth my job plus i had made my point. The next day i came in and there were 10 new pairs of ear muffs on the table.


Just because the boss didnt seem to do anyhting dosnt mean he has done nothing.

My last boss was the man. Got along really well with him. Enough to let him have a rip on my bike. He might be getting a cibby soon, if he sells up his RS200 'tezza. My work had been done

Can't stress enough that you should ring these guys and arrange to have a meeting with a union organiser.Take along any fellow workmates that feel the same way and discuss your grievences with them.There is power in numbers and any bad employer will shit themselves.

Dude have a good long hard think about this. -DONT take it wrong just think about it.
Is it possible the issue is actually YOU?
Think about this for a bit.
We are in pretty tough times economically.
You are in an industry where the boss and therefore ultimately YOU get paid based strictly on the ability to produce the goods on time.
Follow this through for a mo-- You ALL say fuckit nahh we start at 7.00 finish at 4.30 --Jobs dont get done on time -the boss doesn't get paid so moneys tight.
Who's gonna be the first job they hafta chop.?
What I'm saying is youve been workin for 3 months,The foreman is under pressure to perfom and needs you --the new boy to be a team player. Yea he aint exactly diplomatic about it but can ya see the point now?
I had my staff this week starting an hour early -we are pretty busy right now.

I don't mean to shoot you down right off the line, but I can assure you that our branch of the company is doing very well. We already have about 1.8 million worth of jobs to complete by this year, and yes, we are a little busy.
Just the way this guy is being a cocksucker about his position.
And for the record, I am the only one starting at 7, everyone else started at 6. This was all Mr. Foremans idea, and the big boss had no part of it. Stressed that he didn't care I started at 7, in fact.
I am performing rather well, I'd thought. I little bit slower than the others in terms of turning out a finished product, but I've had many say it was an awesome finish. Unless being told to my face, I wont cut corners on quality just to speed things up. It's either a perfect mirror finish or not.
I do see your point, know that. I just cannot sacrifice an hours sleep. I get sweet FA as it is, waking up maybe 6 times each night, for no reason. I'd take sleeping pills, but I'm sure it would fuck up my ride to work.
I'll take your advice into consideration when I have a chat with the boss.

I bully staff into moving on if they won't start at the specified times, or won't work the required hours.

They are always welcome to work elsewhere. Go find your dream job.

To each their own. You make it sound like you're telling me to move on

[Scouse]

Dude have a good long hard think about this. -DONT take it wrong just think about it.
Is it possible the issue is actually YOU?
Think about this for a bit.
We are in pretty tough times economically.
You are in an industry where the boss and therefore ultimately YOU get paid based strictly on the ability to produce the goods on time.
Follow this through for a mo-- You ALL say fuckit nahh we start at 7.00 finish at 4.30 --Jobs dont get done on time -the boss doesn't get paid so moneys tight.
Who's gonna be the first job they hafta chop.?
What I'm saying is youve been workin for 3 months,The foreman is under pressure to perfom and needs you --the new boy to be a team player. Yea he aint exactly diplomatic about it but can ya see the point now?
I had my staff this week starting an hour early -we are pretty busy right now.

Fuck off frosty so your saying he should let himself be bullied and pushed around by some idiot cos times are tough. You are the one that should have a think about it. workers rights do not go out the door just because we are in a recession.