Just got fired

[screw loose]

Well. . It's over. . I've just been given the flick by my employer an architectural office.

The word is that I’ll be taking my leave at the end of the year.
So I call around to my trusty local recruitment companies. Their advice: Go get a job waiting tables.

Recruitment has apparently stopped for the year. At the moment no one will hire me. I’m out on my ass until February, when the construction industry starts cranking up again.

There were no official warnings, and I am on salary.

If I remember correctly, since my employer isn’t a large corporation employing over 100 people, I have no rights to any sort of redundancy package. An IR law legacy left behind by our bushy browed friend, Johnny Howard.

Can one just be turfed onto the footpath when they're on a salary? I'd understand if I was a contractor. .
The reason I'm posting this is because, my boss isn't forthcoming with any sort of support to help me until I find more work.
I'm just wondering if anyone else has been in this situation. I have had no inclination that I'd be jobless up until 20 minutes ago. . Maggi noodles for christmas for everyone this year!


Thanks for your help guys

 

[Spanky_Ham]

yeah, feeling for ya mate... was in almost the exact position 12 months ago when spanky was invloved in a biotech company explosion, and without warning was out on his porcine arse.

Now, very few ppl will recruit before Xmas/new years.... and most will start to look @ new employees around mid jan next year.... no use employing ppl only to have to pay them xmas holidays......

Spanky got some training and was sweeping up behind road making machines for a few months in the wee hours of the morning.... was very enjoyable to tell the truth.... and a good change from the usual research labs he'd been in for the previous 5 years....

No, its not a nice time (just before xmas/new years) to lose a job....

hope you find something soon...

s

 

[Trevor_S]

If I remember correctly, since my employer isn’t a large corporation employing over 100 people, I have no rights to any sort of redundancy package. An IR law legacy left behind by our bushy browed friend, Johnny Howard.

wait... what.. ? that's not true at all, unless you are casual, you will have a requirement for a redundancy payout if that is what has happened ie you wern't sacked per se.

Depending on the years of service it will be a multiple of weeks. I sold one of my business's a few months ago, the new owner didn't want a couple of the staff, I paid them a redundancy.

 

[screw loose]

Really?

Maybe I've got my information mixed up. . Can I find this kind of information on a Govt website?

I spoke to one of my mates who's an interior deigner last night, and she's got a bunch of friends in exactlty my situation, who haven't been offered anything. . And the company doing the firing employed 80 people.

 

[stoff]

What does your employment contract state?

I know mine has a 4 weeks notice provision. If they get rid of me they have the choice to either keep me on for the 4 weeks, or let me go immediately and pay me out. This acts as a redundancy provision which gives me 4 weeks to find a new job.

Also, re: Spanky's point, they wouldn't have to pay leave over Christmas if they hire you before Christmas, as you wouldn't have accrued any.

 

[screw loose]

mmmmm. . . I have my contract here, and unfortunately it does not include any wording regarding notice provision.

So I guess I'll have to see what the 'standard' is under a full time contract. I've had a quick browse on the net with not tooo much success regarding employment law and workers rights. Anyone have a handy link to share?

 

[stoff]

Maybe try here. http://www.workplaceauthority.gov.au/graphics.asp?showdoc=/aboutus/contactUs.asp Give them a ring and see what you can find out. Good luck.

 

[screw loose]

^^^ Thanks heaps Mr Stoff. I'll report back with the outcome.

 

[evObda2]

hey screw loose..

I used (not anymore though) to work in the architectural recruitment game.. only in Sydney.

You cannot get "fired" without any warnings for poor performance etc. You can be made redundant, but that will involve in most cases a negotiated payout. Also have a good look at your agreement.

Architecturally, Australia is very slow at the moment with alot of the firms letting people go rather than hiring.

My advice would be to try and get a short term contract role, depending on your design/documentation experience etc.

PM me if you need any more info, shame your not in Sydney as I could possibly have given you some contacts.

 

[Spanky_Ham]

sorry, Spanky did say Xmas holidays... meant more Xmas period, when places wind down and have everyone take holidays....... so a very unproductive time to employ ppl...


sorry, typing too quickly....


s

 

[Sic]

As evObda2 said you cant just be fired unless you have commited an offence that would warrant instant dismissal or have acrued a number of warnings for bad work or inappropriate behaviour. Which means that if they are letting you go you will be paid.

What you will be paid will depend on a few things. How long you've been there and how you are paid (monthly weekly as this effects how much notice they have to give you) you will also obviously be entitled to any holiday pay you have. The longer you have been there the more you should get paid so check your rights before you leave.

The stuff with the companies of less than 100 people was all to do with unfair dismissal claims not redundancy. You are certainly entitled to cashola.

 

[screw loose]

^^^ Great!
I'm still at this job for a couple of weeks, and will try and use that time to do as much research as I can, to ensure an outcome.

I'm a bit rattled that my interior design friends went home empty handed, But then, i'm not too familiar with the terms of their employement. Either way it looks as though I still have a bit of lerning to do, as far as my employment rights go.

 

[slip]

The Howard laws were more focussed on wrongful dismissal, allowing employers of sub 100 people to fire who they wanted, when they wanted.

Generally all contracts will have a notice period mentioned, where the notice you are required to give when resigning is also covered. If not, the contract may be suss or you may have to look up the relevant awards for your job/industry.

Generally if you're casual - booya, no notice.
Someone on a salary - gotta be some notice, with entitlements to holidays owing etc. Unless you did something very naughty.

As spanky said - relatively decent paying labour jobs could be a real goer for you. They are building a tunnel in Bris, and lots of unqualified pups are making decent coin on it. 1-2k net / week.

 

[John U]

So I call around to my trusty local recruitment companies. Their advice: Go get a job waiting tables.

Recruitment has apparently stopped for the year. At the moment no one will hire me. I’m out on my ass until February, when the construction industry starts cranking up again.

I had a contract terminated 2 days before christmas a couple of years ago due to a project getting canned. I thought I would be out work for a while due to the wind down over xmas. It was quite the opposite. There were a number of companies looking for people and due to the fact their were very few potential employees looking (most probably in lock down for xmas) there was plenty of work around. I was very surprised.

These are very different times to couple of years ago though.

I would say f()K what the agencies told you and get out there and have look yourself. Not all jobs come through agencies and on quite a number of occasions we would be better off with out them. Try going direct. And in these times you might not be able to be as choosy as you might have previously been.

Hopefully there is work out there for those willing to find it. Good luck.

 

[Doggy]

My wife is in the same boat Screw..she was an Interior designer for Mirvac in Brissie. Cue the recession panic and she and 60 other people from the design and construction side of Mirvac were made redundant in one arvo, given 3 hours notice but all were paid out a package which was quite a reasonable amount if I say so myself. Its just how the construction industry is at the moment, I left construction a few months ago to work on installing solar power systems on houses and I think I picked a good time to leave it for the moment.
My wife is basically just killing time till next year, we can live more then happily on my income so thats not a huge issue because as was already said, no one is really wanting to put anyone on now just to have them off at Xmas.
Ahhh the joys of the construction industry eh

 

[screw loose]

Wow! Well, Doggy I'm hoping that I can get something from the boss here, just so I don't have to stress my arse off until the industry comes back online after christmas.

The redundancy package that your wife received. . how long had she been working at Mirvac? I've been here one year. . . the equivilant of how many months' renumeration did Mirvac pay out. . . if you don't mind my asking. I'm hoping to get just one month's pay at this stage.

 

[screw loose]

Maybe try here. http://www.workplaceauthority.gov.au/graphics.asp?showdoc=/aboutus/contactUs.asp Give them a ring and see what you can find out. Good luck.

Gave these guys a call.

Since the company employs under 15 people,

'amendments to the workplace act put in place in November 2005, excludes small business from severence payments.'

Farrk. . It's an employer's world out there it seems.

So legally I got no real hope. Maybe the boss will bring something to the table if I have no luck finding something before the end of the year. . He is a human too. . with emotions such as compassion, love. .

Thanks for the help so far guys!

 

[Tazed]

So you've just found out how it works.
It sucks, but 'clever' employers know exactly how to remove employees with minimum expense and complication.
It's crucial to understand your termination type - all have some conditions, but hardly anyone is ever 'fired' or 'sacked' in Australia unless they do something really quite stupid. It's a legal mess if the company gets it wrong, and it's hard for them to do unless you make it easy for them.
Redundancy, mentioned above, is the best option you can get, but doesn't always occur (there's tax benefits for the employer, but they can just retrench - been retrenched twice myself, and was lucky that the 2nd time they 'broke' the law and I had them over a barrel. Odd and rare mistake, but it happened).
You've been given a notice period. You'll be entitled to your accrued leave, etc. pay and probably no more. Just how it goes...
My (not so sound) advice would be to spend a considerable amount of company time and resources during your notice period locating a new job...! If your boss is open to other options, be cool about it and have a chat. Maybe they can 'look after' you a bit in another capacity?
You're right, though - it is an employer's world. Understandable, though. Not that it helps now, but the best thing you can do is to have a bit of savings in case it happens.
The one certainty of any job is that it will end at some stage, and if it's not of your own doing, then best to be prepared.

 

[John U]

I have no idea how much experience you have with how many employers but, especially so if you don't have a lot, your next job will be much easier to get with a good reference from your current employer. Think long and hard about this before burning any bridges with your current employer.

 

[screw loose]

^^^ yeah I appreciate that, John. As much as it is doused with flammables, and a match quivers in my angry hand, the bridge shall remain intact if I can help it.