Addicted to music Posted April 3, 2024 Posted April 3, 2024 I'm rostered on a 4 week rotation to be on standby for a particular client, so every 4 weeks i go on standby from 5pm to 10pm and if that client contacts me by phone and requires assistance i drive almost an hour from Point Cook to Breaside thats almost 60Km across melbourne, fix whatever they need to get them going and then drive home. what all of us dont get because we are busy, we dont get paid leave the following morning thats illegal as its requires that after i believe; stand correct if im wrong; 12hrs of continual works you must legally take a paid break, but thats besides the point. Last week while im on annual leave i received a text message via SMS to say that that i have been removed from the roster and given to someone else. when i saw this SMS its like WTF! So then i checked the Fair Works Ombustman Website: https://www.fairwork.gov.au/employment-conditions/hours-of-work-breaks-and-rosters/rosters?fbclid=IwAR2cV1v8L18lLQYuFLev6GeyxzvEsRrWb4DUYbsxvDYfOiFhpRtEVMsr1aY_aem_AZwhcEJWiavlERYACbHNHqwLJVpcBPMHQ1pRlCqFiyqRyTRGZkp4IQhu-YlU_LLliVzz3vIwu0ZdxssLnMtpR6il It clear states that: When an employer wants to change an employee’s regular roster or ordinary hours of work, they have to discuss it with the employees first. They have to: provide information about the change (for example, what the change will be and when) invite employees to give their views about the impact of the change consider these views about the impact of the change. Well my reporting supervisor thinks he is within his authorised rights to changed and do what he likes at will AND give it to whoever he pleases and wasn't going to change it. How disrespectful? 25yrs of working for with him and adjusting to his qurks, i cracked it and lost my composure. not only you didn't followed standard work relation protocol, you did this via SMS while i was on annual leave!... Fk wit! The work requirement didnt change so there's no requirement to change my roster, yet you gave it to someone else who is complaining of wages? without consulting me 1st? At that moment i was considering lodging a case with the fair works ombustman, didn't care about my career, because if he could do this to me and i let it go, he'll do it to someone else! 20mins later hes obviously spoke to the hierarchy and they probably put him in his place so he sends me an email to say he'll reinstate my roster but still believes he has the rights within his authority to do what he did and is referring to HR... Go ahead and bring it on, refer it HR, if they turn around and side with him i go straight to Fair Works, because when you roster is formulated and employees agreed to those hours it doesnt matter who you are you just cant decide and take it off someone and give it to someone else as you pleases to satisfy the status quo. And to think they could not get anyone on this roster is mind blowing, no one wanted to work it!
Volunteer sir sanders zingmore Posted April 3, 2024 Volunteer Posted April 3, 2024 I’m no lawyer but I would suggest you take notes of all conversations and really try not to lose your cool. 2
Addicted to music Posted April 3, 2024 Author Posted April 3, 2024 2 minutes ago, sir sanders zingmore said: I’m no lawyer but I would suggest you take notes of all conversations and really try not to lose your cool. Its hard not to lose your cool, especially when you deal with control freaks where power has clouded there judgement, there's also one thing id like to add, dont discussed or use emotional words like he did in the initial email, stick to the topic and point out what's necessary. Emails are used as evidence and subjected to scrutiny. THats why Ive refrained from answering anymore of his replies especially when the issue is referred to HR. Just remember that HR never works for the employee, hence seek advise on the fair works ombustmans website as this is the defining factor if it goes to hearing.
Gee Emm Posted April 3, 2024 Posted April 3, 2024 If you don't fight; you lose! Fight the good fight. Where possible, record EVERYTHING, including verbal conversations because Control Freaks say they never happened. Never lose your cool; it WILL come back and bite you, hard! Don't get sucked into the emotion. Best of luck! 3
Addicted to music Posted April 4, 2024 Author Posted April 4, 2024 10 hours ago, Gee Emm said: If you don't fight; you lose! Fight the good fight. Where possible, record EVERYTHING, including verbal conversations because Control Freaks say they never happened. Never lose your cool; it WILL come back and bite you, hard! Don't get sucked into the emotion. Best of luck! Done, Had a 4:00pm meeting via Teams, with the reporting sup and manager, guess what, the manager was a no show so he was on his own! the usual spiel: ive spoken to HR and im right, I can change this at will and give it who I please. blah blah blah! Don't you think the conversation could have been handled better! Agreed! do you have anything to add and say? No, I've already said it my emails and it's done! Nothing to add. Can we move on? yes! I never want to experience that tone in a conversation again. sure! On Teams open channel meeting on iPad, using the iPhone to record just incase it goes south! there is a record feature on teams but that will tell everyone you are on record mode. Total time of the meeting; 8minutes..... Gotta laugh, the manager was a no show, that spoke volumes. And I didn't care, as the shift was reinstated to go 5 week rotation, its better for all who's involve incase a member is sick or on leave. 1
muon* Posted April 4, 2024 Posted April 4, 2024 Aren't you supposed to inform someone if you are recording them? Legally I mean.
Addicted to music Posted April 4, 2024 Author Posted April 4, 2024 4 hours ago, muon* said: Aren't you supposed to inform someone if you are recording them? Legally I mean. you are allowed to record if you are one of the persons involved in the discussions and do it without there consent, you just can’t use it a court of law. That’s fine for me, if the meeting went south, you have the right to stop that meeting and tell them you feel threatened because the tone has changed. If you continue the meeting at a later time informed everyone that you’ll be recording it. What you’ll find 9.9/10 out of ten, they will back off, but once you tell them you feel threatened, you’ll note a severe change in attitude, and then hopefully BS stops. What you need to stop is control freaks telling you one thing and then go behind your back saying something different. When you catch someone in the hierarchy doing this, make sure you have a recorder handy. In this case let them have there say and let them finish: still adamant that he is within his rights: sure! But you know his missed a vital step and that is consultation with both parties on a mutual agreement. I didn’t care what he said it was all over for me when he reinstated my shift, not that I wanted it. At the end he said he should have handled it differently and did not realised how strongly I felt. I did say in the email that if he did it to any other team member he’ll get the same response. When asked did I had anything to add, no except refer to my emails….. done! Move on! It doesn’t matter what workplace it is, you don’t pull a shift without good reason and handed to some else, the fair work web site points that you must discussed it and have a mutual agreement, operate within these guidelines and you will be fine. If I didn’t do what I did then he’ll just do it to someone else as willing as he pleases, now he knows not to try it again and learn from it….it’s what happens when the boys are untrained uneducated and are groomed to fill in the position and that’s 100% in this case. 5
betty boop Posted April 10, 2024 Posted April 10, 2024 I’ve learnt some things as a manager, there’s somethings you do in person some via phone call some via email (worst form of communication) some via text to do something like this via a text is childishly immature at minimum for something like this I’d speak to the person in person, via phone or teams…to notify and discuss if any issues some eba have notice periods and yes with adequate notice they can change shift, but it’s still communicated formally. Not via text or sms and if having a “crucial conversation” you do not do that via teams or on the phone …you do in person. And with the right folks in the room and involved … I would have told him to come back when the manager and HR could join in the meeting and that you are not doing this via teams yep sometimes you do need to push back or folks walk all over you too many are promoted to point of incompetence and far too quickly so basically immature and not understanding of their position and responsibilities too right re HR as well… there are few and far between that work for employee …they work for the organisation … 2
Kaynin Posted April 10, 2024 Posted April 10, 2024 On 05/04/2024 at 6:28 AM, Addicted to music said: you are allowed to record if you are one of the persons involved in the discussions and do it without there consent, you just can’t use it a court of law. Yes you can use it, a legal recording is a legal recording. The Surveillance Devices Act covers this stuff. An audio recording device is a listening device, and the relevant aspect here is the definition of a private conversation. You're right, so long as you are one of the parties directly involved in the conversation, you can record without the other person's permission or for them to be aware. The issue is if you're "listening in" on two people having a convo and you record them without both parties permission. 3 1
GregWormald Posted April 16, 2024 Posted April 16, 2024 Be careful with recording conversations, the laws differ from state to state, and what's legal in Victoria could put you in trouble elsewhere. 1
Addicted to music Posted April 19, 2024 Author Posted April 19, 2024 The games people play! so the 1st week back was on the Easter Monday week and he immediately got me to do that week. After that week you need to put in a overtime form indicating standby/overtime. Usually i email this form to him direct to have it entered into payroll so i get paid the next pay. its taken 3 emails with the attached form and i missed it in the pay thats just been through this week. Yesterday: Thursday i get a returned email from him to say its entered! So it'll be 3wks to see that payment! I just hope that hes not playing the game to make it hard and difficult so you just opt out, but guess what, ill persevere regardless of how difficult it gets!
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