ACC Rant - Advice appreciated

[Katiepie]

They can do that. They don't even have to commercially justify it.

But dog help 'em if they have anyone else doing a substantially similar role any time soon thereafter.

Exactly. I got replaced with another full time staff member doing the same rolde but with a different title. I didn't have the energy or smarts to fight it at the time, and didn't document things along the way for later on so they got away with it.

My advice to you is document what you can as if they are in the wrong you will need all the facts right at your fingertips. I didn't even get 2 weeks payout, my disestablishment was instant. They also never piad my 5 weeks annual leave that I had owning. All of that was my fault for not fighting it. But I was only just getting through one day at a time and didn't have many I could ask for this kind of help.

If they are saying they are firing you because of injury - then boy you better get fighting fit mentally to win your case and nail their arses! But if they have disestablished your role, this is the gray area and they can actually do this. As mentioned, ACC have all the info on how long a job is the be held open for etc... and will help you figure out of they have just screwed you and gotten away with it, or they are the ones about to be screwed. Don't leave it too late like I did.

[jasonu]

Did ACC and your employer accept and agree you back injury happened at work? If they did you have been entitled to 80% of your wages ( averages and percentages apply) from the day you were unable to work. Your boss pays the first week, ACC from then on in. ACC will encourage and support (read PUSH) you back to work. You cant be sacked for being injured, you cant. If you have been sacked inside a month, you have a really good case against your employer, that is ridiculous!

I reckon there is a whole lot more to this story than what you are sharing. Let us have the full story, there are plenty of us that have had time off on paid ACC, for weeks, and have kept our jobs.

Your holiday pay will only be an issue if you accept it. If you get paid it out, then you are going to be docked your ACC money. No double dipping FFS!

That is how I remember it. I also agree that there is more to the story than you have shared.

[oneblackflag]

That is how I remember it. I also agree that there is more to the story than you have shared.

There really is no more to the story... They are just worried if I come back to work then at some stage in the future I will do my back in again.

[oneblackflag]

Hey there buddy.

Yes same thing happened to me. After 5 weeks on ACC from a motorbike crash I recieved a voice message on my cell phone. It was my boss telling me that they had "disestablished" my role due to not being able to work as a result of my injuries. I had been with the company 8 years, 5 of which were full time.

It depends how they work it. They can not fire you. But they can disestablish your role. Have a chat to yoru case manager at ACC as they will provide you with the legal requirements the your employer needs to follow.

I know exactly where you are at mate and I can tell you it absolutely sucks big time! Wishing you all the best finding out your options.

Thanks for that. They haven't disestablished my role, just terminated it on medical grounds. I have got in touch with the employment relations center about it to see if I have a case, when my ACC case manager is back from his holiday I'll see what he thinks too.

[hayd3n]

There really is no more to the story... They are just worried if I come back to work then at some stage in the future I will do my back in again.

then they could put that in your new contract???

[Road kill]

The reason the boss sacked me is that it may be a long time till I even get an operation, then there is recovery time on that...

Mate,fall on the ground an start screaming .

Get your Mrs to ring a wambulance to take you to hospital.

Keep screaming.

Have cat scan.

Scream some more,refuse to shit.

Get the good drugs.

Quitely Moan until they cut you open,,,then watch sky.

Any waiting that doesn't involve screaming will get you fuck all, or on the waiting list which is the same thing.

Tears help.

Chur,,,enjoy your stay in NZ.

[Smifffy]

They can do that. They don't even have to commercially justify it.

But dog help 'em if they have anyone else doing a substantially similar role any time soon thereafter.

I would have thought that a reasonable employer would not need to fill the role with a temp, leave the position vacant during the recovery stage, and then show that the role can be safely disestablished once the incumbent is fit.

I'd also suggest that if the ERA find in favour of the employee that there are grounds for considerable payment for stress/humiliation into the deal.

[oneblackflag]

I'm really not wanting to screw over my boss.... it has been a good job and I really don't want the reputation of someone that takes employers to court. I'm just wound up about it because IMHO I have been a good employee and I can't understand why they would want to dismiss me and go through the hassle of training someone else for the role... they could easily hire some toss pot that is gonna do a shit job and screw them over any chance they get... I think there is more at play on their end, some ulterior motive that I'm being blind sided by.

[Berries]

I'm really not wanting to screw over my boss.... it has been a good job and I really don't want the reputation of someone that takes employers to court. I'm just wound up about it because IMHO I have been a good employee and I can't understand why they would want to dismiss me and go through the hassle of training someone else for the role...

I think you answered that in an earlier post -

There really is no more to the story... They are just worried if I come back to work then at some stage in the future I will do my back in again.

Wouldn't you be worried? Sounds harsh, but perhaps it is not the job for you if you have an injury that is likely to come back if you stay in the same line of work? You'd have to be pretty special for me to want to keep you on.

[oneblackflag]

I think you answered that in an earlier post -


Wouldn't you be worried? Sounds harsh, but perhaps it is not the job for you if you have an injury that is likely to come back if you stay in the same line of work? You'd have to be pretty special for me to want to keep you on.

Thing is... We dont even know the prognosis yet, still waiting on scan results.... I didn't say it was likely to come back... I just think thats one of my employers fears.... Personaly i doubt it will be an ongoing issue once its sorted. That said its totally unknown at this stage untill those results come back... I think he should have waited for the results before sacking me and from what I've read he HAD to wait for the results... He's jumped the gun...

[oneblackflag]

To anyone interested in the outcome:

I got some employment advice, challenged the dismissal due to unfair process. My employer then admitted they were in the wrong and have kept me on. Just had an epidural today which fingers crossed will solve it in 3 weeks without the need for surgery, if not and I do need surgery, I have agreed they can terminate my contract, since I'll likely be off work for many months more.

I could have taken a PG case against them but I thought it was a bit harsh, because both parties would rather I was just able to return to work. Keeping things amicable and all that .

[Ocean1]

To anyone interested in the outcome:

I got some employment advice, challenged the dismissal due to unfair process. My employer then admitted they were in the wrong and have kept me on. Just had an epidural today which fingers crossed will solve it in 3 weeks without the need for surgery, if not and I do need surgery, I have agreed they can terminate my contract, since I'll likely be off work for many months more.

I could have taken a PG case against them but I thought it was a bit harsh, because both parties would rather I was just able to return to work. Keeping things amicable and all that .

Nice work.

And good luck.

[Mom]

To anyone interested in the outcome:

I got some employment advice, challenged the dismissal due to unfair process. My employer then admitted they were in the wrong and have kept me on. Just had an epidural today which fingers crossed will solve it in 3 weeks without the need for surgery, if not and I do need surgery, I have agreed they can terminate my contract, since I'll likely be off work for many months more.

I could have taken a PG case against them but I thought it was a bit harsh, because both parties would rather I was just able to return to work. Keeping things amicable and all that .

Congratulations on a great outcome and good on you for taking some serious employment advice, you were getting shafted, they needed to re-think. I hope you have a full and uncomplicated recovery and return to work. Most importantly, thank you for letting us know how you got on.

[oneblackflag]

Congratulations on a great outcome and good on you for taking some serious employment advice, you were getting shafted, they needed to re-think. I hope you have a full and uncomplicated recovery and return to work. Most importantly, thank you for letting us know how you got on.

Thanks to everyone for their input. Felt I should update... Pretty annoying when the OP disappears...

[Robert Taylor]

Contact your boss. Contact a relevant union. Contact Mobie (old DOL). If you got injured at work, then the DOL point of view is that work injured you. ACC won't give much of a shit if you got sacked, but Mobie may very well, and if work is in any way culpable, so will the district court judge hearing any case that mobie might bring. You'd be eligible for reparations. Also a good case for a PG for unjustified dismissal, although an ER ajudicator will consider whether your own actions contributed.

Fuck your boss. Obviously a cunt.

Hey there is ALWAYS a second side to every story. One relevant point here, is this a LARGE business that can weather staff issues with relatively little impact on their bottom line? Or is it a very small company where such a staff issue will basically cripple them?