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nissan
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Discussion Starter #1
I recently started a plumbing apprenticeship with a heating and cooling company and on friday the plumber and I were on a job sight. The plumber sent me onto the roof to cut a hole in the colourbond for the gas flue. I suggested that i put the ladder on the side of the house where the roof was dry due to being in the sun and he said no, just put it on the wet side as thats the side I had to work on. Well, I guess you can all see where im going with this. Yep, I slipped on the wet colourbond and went sailing off the roof. Fortunately I was not injured at all [very lucky landing] and the plumber rang the boss to tell him what had just happened and he said pack up and go straight to the hospital to get checked out. When we finally got back to the office the boss and plumber jumped in the car and took off without a word and when they returned the boss took me aside and fired me on the spot. When I asked him if he would atleast recommend me to other plumbers he bluntly said no. I hope the a hole gets hit by lightning and a truck and everything else that has the potential to kill in an instant. I live in a country town where everyone knows everyone and even more so in industries so any potential employement with another plumber could be railroaded by this ass hole saying, "oh no dont employ him". Its not a fun position to be put in and I just hope I can still be given the chance by another plumber to complete my apprenticeship.
 

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nissan patrol
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i would be going to the union about that, there could be a case for unfair dismissal, tell them what he fired you for etc and see what they say, also if you apply for another job with anyone and they ring him as a recent employee he can not tell them to not employ you or anything all he is supposed to say is "yes he worked for me"but he can bnot say anything bad, but the best i can say is definatly go to union or get a lawyer...
 

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nissan
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Kind of sounds like the plumber has spun a yarn to the big boss to cover his ass for getting you to do something dangerous. The yarn the boss has taken as a warning sign that you're going to cost him somehow up the track.

Did you ask the boss what was the basis for the dismissal and did you give your account? If what's been said is accurate, them they're in a bit of strife. They can't pull that off
 

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The Bear
nissan
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sounds like a good case for unfair dismissal, fire his arse....
 

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Previously known as twodiffs
1991 GQ Safari.
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You fell off the roof...isn't that health and safety or OSH reportable?
It is over here, report it then and the other fella will be interviewed as part of the process. The dept will soon get to the bottom of it and hopefully you will have their backing as welll then.

You did the right thing as well wanting to access the roof on the dry area...i wouldn't step on a wet roof either.
 

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"NOW TAKING BRIBES"
nissan
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Get your word out, there both as good as toast if caught out for sending you onto a roof without a tethered restraint!
 

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nissan
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Mate contact the relevent Workcover or Workcare in your state and Dismissals | Fair Work Australia.
From wot your saying thats unfair dismissal and boarderline a criminal act having someone place your life at risk like that. F**k him your turn to screw him as hard as you can..
 

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nissan
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Don't take it laying down, seek advice from an indipendant then see osh. If you live in a small town then he can do without the bad press as well.

I have a moto, step on my toes i'll stamp on your head. It works believe me.
 

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I would get onto worksafe as fast as you can.

They love anything involving ladders and you are bound to get an instant response and something might get done about it.

Cheers

Justin
 

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nissan gq
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Get your word out, there both as good as toast if caught out for sending you onto a roof without a tethered restraint!
X2 on that you can't even stand on the back of a tray truck with out a harness let alone a wet roof!!!!
 

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nissan gu
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yeah mate, work cover! & industrial relations, Sue the plumber for not ensuring you were wearing your harness (after all as an apprentice you are a student in the work place & the tradesman is the teacher) Oh! by the way your back & neck is really begining to bother you now that the adrenalin has worn off, they have to keep you employed if under workers comp.
 

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nissan
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Discussion Starter #13
cheers for your support guys. worksafe victoria have been informed by me and they will be getting another call on tuesday to make sure they are taking action. As for unfair dismisal, I have enquired and they said that because I have been employed for less than six months they cant do anything. Go figure.
 

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nissan
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Discussion Starter #14
Oh, and by the way. Everytime I got on a roof, there was never any mention of a harness. Come to think of it, I dont even think that the plumber owns one.
 

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nissan
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I'd remind Fair Work Aust of their policy and let them know that you have also contacted Worksafe Vic as it involved an unsafe act. I know their act also says with a small company you must be employed for 1yr or more but i still don't beleive that employer has followed any of the guide lines to terminate someone.

What is harsh, unjust or unreasonable?
In considering whether a dismissal was harsh, unjust or unreasonable, Fair Work Australia must take into account:

*whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees), and

*whether the person was notified of that reason, and

*whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person, and

*any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal, and

*if the dismissal related to unsatisfactory performance by the person whether the person had been warned about that unsatisfactory performance before the dismissal, and

*the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal, and

*the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal, and

*any other matters that FWA considers relevant.
 

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Unfair dismissal

Hi there,

I can offer very valuable advice, my wife is an OHS Manager. We are in NSW, but you have not stated which state you are in, but the relevant authorities have some consistiency in this area.

NSW for example are extremely on top of fall from height related issues, as are Victoria. Were you trained in what you had to do. Were you provided adequate safety equipment and training. It may seem silly, but there is a right way to use a ladder, for example.

The incident that occured as you described is a reportable incident, and terminating you for being involved in a workplace incident is illegal. Full Stop!

The majority of the duty of care lies with the employer. Are there policies and procedures for doing the job?

From where I sit you need to stand up and protect your name. These clowns are probably saying you got the arse because you screwed up. If that is incorrect, you wont look like an arse.

Document everything, including phone calls, text messages, emails and even conversations in the street. Keep copies of medical reports, incident form (if you completed one and can get copy), and any other paperwork.

Be aware also of what you post on any forums (including this one)....people have a way of finding things out, especially in a small country town. If you post something you need to know that it can be used in court, if it gets that far.
 

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Learned the hard way - RD28t out TD42 in
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Mate, I wasn't going to comment as I totally agree with all that's been said already, and by people with far more knowledge than me on the subject too. But, the more I thought about it, it just made me angry - you've been stitched up I as see it and you must fight for yourself, no question. These guys are covering up what is probably a minefield of H&S issues within their Company and they know it ! You should have every right to know on what grounds you were dismissed and you should also have a right to question those decisions with your legal representative present, but just remember there are always 2 sides to every story (very important). So good luck and let us know what happens, just be wary of posting anything that could jeopardize you in court, should it get that far.
 

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Be aware also of what you post on any forums (including this one)....people have a way of finding things out, especially in a small country town. If you post something you need to know that it can be used in court, if it gets that far.
Yes, be careful on choice on words mate.
Also seek legal assistance. There are lawyers out there that specialize in this kind of law.
Best of luck.
 

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Hi,

You would be able to be dismissed early on, as most work contracts have a probation period. This means if either employer or employee is a dud, there is a quick out without delayed BS. Not the case here. Sounds like you getting a guilt trip, form a dodgy employer.

If your " Boss" had said we will get a harness, given you a day off and carton ( to get over it ) , most likely you would have thought him a good bloke and his problems would have gone away. Not so, and your sore back means you cant be put off. Did he send you to a Doctor for a check ? No.

I would ring other companies around town and ask for a job, if you " let slip " why it may work for you. The reason is if they take you on once word gets around, and the new Boss says what a geat worker you are, the old Boss will loose a lot of business.

Hope it all works out for you. B M
 

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Roads are for Toyota's
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call the apprenticeship board too! let them know
 
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