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Old 07-02-2008, 03:26 PM   #61
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Originally Posted by Grum
And what happens when the next employee to get fired is a 20 year old single mum working her a55 off the get by? She gets fired for the same reason because the boss thinks he can get away with it? If you don't do something about it he will not stop, infact he could get worse.

Not everyone has the same luxury as you to not worry about being fired!
If I followed your reasoning then what about the starving kids in Africa. There are so many of them and if I don't do anything about it, it will just get worse. I like many other people, do not eat all the food I have been givin so what do I do?? Send it to the poor kids in Africa so they don't starve.

What about the same single mum being fired because she is late 3 times because taking the kid to childcare the traffic was bad. Am I supposed to come to her defense too?

I am not responsible for anyone but myself and if that is selfish...then so be it!!

As I have said the man is a sad human and the Karmic bus will run him over. I am moving on and being happy but I know he will still be the sad little man that he is even if I did sue him or take legal action whatever. When someone is that small minded...nothing is going to change it! He is 63 and set in his ways...so let him stay that way. I am not going to waste energy, time and my happiness just so he gets a little more disheartened and angry with the world we live in.
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Old 07-02-2008, 05:41 PM   #62
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Originally Posted by Geez Louise
If I followed your reasoning then what about the starving kids in Africa. There are so many of them and if I don't do anything about it, it will just get worse. I like many other people, do not eat all the food I have been givin so what do I do?? Send it to the poor kids in Africa so they don't starve.

What about the same single mum being fired because she is late 3 times because taking the kid to childcare the traffic was bad. Am I supposed to come to her defense too?

I am not responsible for anyone but myself and if that is selfish...then so be it!!

As I have said the man is a sad human and the Karmic bus will run him over. I am moving on and being happy but I know he will still be the sad little man that he is even if I did sue him or take legal action whatever. When someone is that small minded...nothing is going to change it! He is 63 and set in his ways...so let him stay that way. I am not going to waste energy, time and my happiness just so he gets a little more disheartened and angry with the world we live in.
I can see Grum's point Colleen, perhaps the follow up letter from your legal friend might be just enough of a stir to make him think twice about his future actions.
Having said that, your reply to Grum also makes sense (not that you need my approval) and I agree that taking legal action can cause you more stress and grief than you'd want in your life.

Unfortunately there's no law against being an "a-hole" (lucky for me) .

Don't waste precious time looking over your shoulder at him, look forward and enjoy your new job. :
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Old 08-02-2008, 01:33 AM   #63
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This has nothing to do with Johnny. To smoke or not to smoke is not national legislation. Federal Govt loves smokers tax$$$$$But that is an arguement for another day. I would be interested to know were you Casual or Permanent? The reason I ask is that Casual Employees in this country still think they don't have rights. If you want to stir the pot without too much hassle, ask for a copy of his company discipline procedure as you are considering taking the matter further? If you want a real laugh ask him in person and when he says he will send it to you, just say "Thats O.K I'll wait." Then sit back and watch him sweat
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Old 08-02-2008, 01:39 AM   #64
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I was permanent. WAS being the operative word here!
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Old 09-02-2008, 06:59 AM   #65
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Hiya!

I am surprised he didn't get me for all the times I came to work hungover!!!

Colleen
Just maybe he did notice you coming in Half Drunk from the night before & this helped him make his mind up whan it came time to dismiss you or not

You know you could always just give up smoking :

I mean what good does it do you or anyone around you
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Old 09-02-2008, 04:09 PM   #66
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Then I'd tell the moron you had quit months ago, and he wouldnt know any better.
Uh no!

I think you missed the point that she's honest!

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Old 09-02-2008, 04:13 PM   #67
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Next thing I know I am being asked to leave immediately and he handed me a letter of termination stating it was because I am a smoker.

"OOPS" well there you have it , if as you say you never smoked on the grounds then sue , go find a lawyer and explain what happened with the letter of termination , your gonna be quite well off .
Agreed, this is the right course of action.

If you never smoked on the premises, or off the premises during working hours, you are set.

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Old 12-02-2008, 01:27 AM   #68
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:

I received this email below today....

Dearest Colleen,

It is with regret that I had to let you go. I thank you for the time invested in the company and it is without doubt, that we would have progressed as far as we have, in the short amount of time, if you had not been with us.

As we both agree, you did not neglect your duties in anyway, however, it did come to my attention that you are in FACT a smoker and as a non-smoking workplace, as the General Manager, it was your obligation to set an example.

It has also become apparent that your heath is now becoming an issue. The company and I are no longer willing or indeed are relucant to support any "down time" that may be caused due to your illness. It was a major contributing factor in your dismissal.

I wish you well in the future and thank you for your service.

I now hope this matter can be put behind us and we can all move forward.

Sincerely,


xxxxxxxxxxx


Is this guy on drugs??? I have saved the email with the time and date it was sent. I will not respond until I have sought legal action. This has now pushed all my buttons!!
I will now seek legal advice on this issue as I now have a letter and an email with his intension clearly indicated.

Thanks everyone for your comments and I will keep you all updated.
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Old 12-02-2008, 02:30 AM   #69
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The blokes has no ground to stand on. That is very wrong to say you weren't leading
by example when weren't smoking on the premises... actually, that tells us you WERE
leading by example more than anything.

Hope he gets dealt with appropriately. And I think he will learn a
valuable lesson no doubt....

...anyhow...
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Old 12-02-2008, 03:01 AM   #70
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The blokes has no ground to stand on. That is very wrong to say you weren't leading
by example when weren't smoking on the premises... actually, that tells us you WERE
leading by example more than anything.

Hope he gets dealt with appropriately. And I think he will learn a
valuable lesson no doubt....

...anyhow...
I could not agree more. I am livid...can not sleep because of it!!

Worse still is the fact that "due to my health" I have had to reject my recent job offer as physically I am not up to the position. Regardless, I did my job to the best of my ability and have always lead by example...Geez Louise I am ticked off about this!!
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Old 12-02-2008, 03:06 AM   #71
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Make this pr1ck sweat... sweat like a middle aged euro bloke on a nudist beach.

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Old 12-02-2008, 03:15 AM   #72
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Yeah...well he has really ticked me off too and the best thing is I have it all in writing!!!
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Old 12-02-2008, 03:27 AM   #73
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... the best thing is I have it all in writing!!!
Yeah, that made me laugh when I first read that you had it all in writing... I mean how farkn stupid can a person be. To unfairly dismiss someone and then give it to the dismissed person in writing and in email.

The moron's only hope in court will be an insanity plea, lol, cos only a complete nutter could go and do what he has done.
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Old 12-02-2008, 09:25 AM   #74
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Very sorry to hear about your inability to accept the recent offer of a new job Col.
I know you'll be alright, you have a bright personality and a great attitude to life so no doubt at all that you'll land on your feet, in time.

Go to town on this bugger! If he's going to run a business he surely must have a small degree of intelligence - it appears he has none - and so, deserves a spanking from the legal system.

If it were possible, I'd tear him a new one for you, but I'm sure you'll deal with him just fine without the need for violence (pity).

Keep smiling & bouncing
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Old 12-02-2008, 09:33 AM   #75
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there is no way he can smoke you for smoking AT HOME while being in the food industry. fight this all the way and get your money!!!

me and 80% of all the other workers/managers at head office mcdonalds smoked, and we smoked just next to the back door so customers could not see us from the front counter half the time the door was open but its not like the smoke is gonna get infused into the grease or somthing.. its absolute rubbish, i think he has been watching too much boston legal"

*a woman is fired for smoking from a private company and as its a private company the boss can do whatever he wants apparently-his excuse was smokers have poorer health then non smokers and there fore have more days off even though she never took time of during work to smoke, only on lunch breaks and at home.. PFFT!
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Old 12-02-2008, 09:56 AM   #76
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Originally Posted by Geez Louise
:

I received this email below today....

Dearest Colleen,

It is with regret that I had to let you go. I thank you for the time invested in the company and it is without doubt, that we would have progressed as far as we have, in the short amount of time, if you had not been with us.

As we both agree, you did not neglect your duties in anyway, however, it did come to my attention that you are in FACT a smoker and as a non-smoking workplace, as the General Manager, it was your obligation to set an example.

It has also become apparent that your heath is now becoming an issue. The company and I are no longer willing or indeed are relucant to support any "down time" that may be caused due to your illness. It was a major contributing factor in your dismissal.

I wish you well in the future and thank you for your service.

I now hope this matter can be put behind us and we can all move forward.

Sincerely,


xxxxxxxxxxx


Is this guy on drugs??? I have saved the email with the time and date it was sent. I will not respond until I have sought legal action. This has now pushed all my buttons!!
I will now seek legal advice on this issue as I now have a letter and an email with his intension clearly indicated.

Thanks everyone for your comments and I will keep you all updated.
gee wiz ,
what about the starving kids in Africa now heh,
do what you need to do now,as what you said about wasting time on him earlier is why these sort of people treat others with such contempt,
because people cant be bothered .
his letter to you cant be a surprize surely.
good luck,but somehow i dont think you will need any ,its a no-brainer for a lawyer
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Old 12-02-2008, 11:46 PM   #77
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I can't believe what I read in that email you received.

You know what to do now ... and that's definitely take the legal path with him ... can also claim now this is causing you undue stress and adversely affecting your health as well.

I hope all goes well for you ... people like this do not deserve to be in business.
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Old 12-02-2008, 11:58 PM   #78
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I have been in contact with workcover and as he paid me my full entilements all they can do is fight to have me reinstated....I dont want the job back!!

He will be served with a letter stating he was in the wrong but as for compensation.....He is not allowed to give me a bad reference...verbal or written...that is all they can do!
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Old 13-02-2008, 12:17 AM   #79
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Fair enough then. Leave that grub behind you and move forward with more positive things.

Nice people like you shouldn't have to dwell on mongrels like him anyway. People like me usually deal with people like him. Probably the old "takes one to know one" sort of thing.

Chest up... err.. I mean, chin up Colleen, I have a feeling something good is coming your way my dear.
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Old 13-02-2008, 12:32 AM   #80
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Fair enough then. Leave that grub behind you and move forward with more positive things.

Nice people like you shouldn't have to dwell on mongrels like him anyway. People like me usually deal with people like him. Probably the old "takes one to know one" sort of thing.

Chest up... err.. I mean, chin up Colleen, I have a feeling something good is coming your way my dear.
My dear.... Is that something good a middle age man that can bench press a small child?? Oh one can only hope!!
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Old 13-02-2008, 12:44 AM   #81
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My dear.... Is that something good a middle age man that can bench press a small child?? Oh one can only hope!!
You're too sweet, but I'm quite partial to sweet, tasty things : .

It'd be a helluva very fat child that weighed well over 100kg, this middle aged guy can bench a full sized human - let me show you
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Old 13-02-2008, 12:46 AM   #82
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You're too sweet, but I'm quite partial to sweet, tasty things : .

It'd be a helluva very fat child that weighed well over 100kg, this middle aged guy can bench a full sized human - let me show you
Bring it on Jeff...Bring it on!!!
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Old 13-02-2008, 12:49 AM   #83
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Sorry to hear, lets hope the compensation will make things a bit easier, I've just been faced with a similar situation today, a bloke who works for me has just been diagnosed with lung cancer....We've pretty much said to him that if he needs time off or whatever we are there to help in any way possible. There is no way in hell we'd turf him out coz he's ill. Chin up! not all employers are a bunch of money hungry !
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Old 13-02-2008, 12:51 AM   #84
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I have been in contact with workcover and as he paid me my full entilements all they can do is fight to have me reinstated....I dont want the job back!!

He will be served with a letter stating he was in the wrong but as for compensation.....He is not allowed to give me a bad reference...verbal or written...that is all they can do!
I dunno about that... I'd be more inclined to talk to a lawyer than workcover... Get a Pro Bono deal going and get the lawyer to go nuts on the guy... Worst case scenario, if I was you, I'd let them reinstate me, then be looking for another job, work until the Friday before you start work at the new job, then go up to the bosses office and light up a smoke at his desk! lol...


That's me though, I'm a vengeful person!
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Old 13-02-2008, 12:55 AM   #85
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Sorry to hear, lets hope the compensation will make things a bit easier, I've just been faced with a similar situation today, a bloke who works for me has just been diagnosed with lung cancer....We've pretty much said to him that if he needs time off or whatever we are there to help in any way possible. There is no way in hell we'd turf him out coz he's ill. Chin up! not all employers are a bunch of money hungry !
Good to hear! I may be sick but I have alot to contribute!! It is bosses like you that need to be pointed out...not the a holes that give everyone a bad name!!
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Old 13-02-2008, 01:19 AM   #86
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Originally Posted by Geez Louise
I have been in contact with workcover and as he paid me my full entilements all they can do is fight to have me reinstated....I dont want the job back!!

He will be served with a letter stating he was in the wrong but as for compensation.....He is not allowed to give me a bad reference...verbal or written...that is all they can do!
The questions are , have you been ill and is it smoking related or a simple flu/virus ?
the answer to this can make or break your argument
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Old 13-02-2008, 01:30 AM   #87
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My wife has none nothing wrong. I have seen this woman work Saturday's and Sunday giving up her family time to this "company" and have begged her to stop but she will always do what is right! Don't worry Col, you haven't let us down! That is all I can say.

As to your question mate...she is sicker than she lets on...Never a better wife you will ever find. Puts family before her own needs. One in a billion mate. One in a billion!!
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Old 13-02-2008, 10:51 AM   #88
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what ever you decide to do colleen, you have our love and support. if you do not want to fight it, then so be it. you will not have let anyone down. you have do what is right for you. good luck
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Old 13-02-2008, 03:08 PM   #89
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Originally Posted by Geez Louise
I have been in contact with workcover and as he paid me my full entilements all they can do is fight to have me reinstated....I dont want the job back!!

He will be served with a letter stating he was in the wrong but as for compensation.....He is not allowed to give me a bad reference...verbal or written...that is all they can do!
workcover is for going on stress leave and the like... you will find the legal profession will have a favourable view.....

And above all... good luck. The decision whether to take someone on knowing the crap you may have to go through, along with "if you don't do it no one else will" theory is a big one - but I believe the karma trains stops all stations, so not only will his be coming, but more importantly, the stop at your station will be a positive one.
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Old 13-02-2008, 07:27 PM   #90
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At least what is the go, i mean he cant fire you just because you are a smoker, he has to give you some sort of warning...
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