tonyman Posted October 19, 2013 Share Posted October 19, 2013 my company are laying off staff , all the casuals have gone , some office staff and next week the permanent staff , ie me , but where do I stand if im on sick and they try to lay me off .....? I am in the union ......my illness case is genuine ........can they lay me off ....? Link to comment Share on other sites More sharing options...
Guest Posted October 19, 2013 Share Posted October 19, 2013 Can't comment in Australia but I know in the UK absolutely they can - you cannot be laid off because you are sick but if your role is redundant then whether you are actually performing it at the moment is irrelevant. If they are reducing the numbers of people in a certain role then the criteria would need to be applied consistently - number of sick days is considered a 'fair' criteria (unless it's a work related) regardless of genuineness. Law might be different in Australia though - google it, there are plenty of HR/Legal sites. Link to comment Share on other sites More sharing options...
Guest Posted October 19, 2013 Share Posted October 19, 2013 Sorry Tonyman I realised that wasn't a sympathetic answer, especially since it wasn't what you wanted to hear! I hope it doesn't come to redundency and you are fully recovered soon Link to comment Share on other sites More sharing options...
tonyman Posted October 19, 2013 Author Share Posted October 19, 2013 im in constant touch with HR , i can only stay sick at the moment ,all is genuine , have no choice, will be interesting ......... Link to comment Share on other sites More sharing options...
Guest Andy Posted October 19, 2013 Share Posted October 19, 2013 im in constant touch with HR , i can only stay sick at the moment ,all is genuine , have no choice, will be interesting ......... You not well mate? Link to comment Share on other sites More sharing options...
tonyman Posted October 19, 2013 Author Share Posted October 19, 2013 You not well mate? an on going problem , two opps and a broken toe ......... Link to comment Share on other sites More sharing options...
Guest Posted October 19, 2013 Share Posted October 19, 2013 The good thing is with that kind of recoverable illness they won't be looking for an excuse to get rid of you so to be honest your position is the same as if you weren't off sick. Was the broken toe work related by any chance? I think they would steer clear of making you redundant whilst on sick it is was - legally they still can but probably wouldn't risk the worker's comp case that would follow http://www.workcover.wa.gov.au/Default.htm Link to comment Share on other sites More sharing options...
newjez Posted October 19, 2013 Share Posted October 19, 2013 Yep, they did it to me in the UK. Australia tends to be harsher. Aren't you something to do with mining tonyman? Can you Cross over to another industry? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 20, 2013 Share Posted October 20, 2013 In England they can use sickness levels as selection criteria though, to say you can't be laid off for being sick is untrue. Have a check with Fairwork Australia, I hope it all works out OK for you Tonyman x Link to comment Share on other sites More sharing options...
Guest Guest26012 Posted October 20, 2013 Share Posted October 20, 2013 Aww mate, hope all goes ok? Don't really know about your question? X Link to comment Share on other sites More sharing options...
ali Posted October 20, 2013 Share Posted October 20, 2013 my company are laying off staff , all the casuals have gone , some office staff and next week the permanent staff , ie me , but where do I stand if im on sick and they try to lay me off .....? I am in the union ......my illness case is genuine ........can they lay me off ....? So you haven't been sacked - you're being made redundant? I would guess then yes if they are reducing capacity then you may be subject to being made redundant, they may have a last in first out policy. I don't think that it matters. Hope you recover soon. Link to comment Share on other sites More sharing options...
Petals Posted October 20, 2013 Share Posted October 20, 2013 Also if they are getting rid of staff maybe its going to be everyone. Companies in Aus often change names and step sidesways and everyone who is a creditor or an employee in the first company does not cross over to the new one, the first then being defunct. Not nice but a thing that is done. No body is bullet proof these days in work. Where my oh worked if people were on sick long term they were slowly pushed out by being pushed on to super early etc. Link to comment Share on other sites More sharing options...
Freckleface Posted October 20, 2013 Share Posted October 20, 2013 It sounds as though you are being made redundant (which can happen regardless of you being on sick leave) rather than being sacked. Although this will still be very stressful (especially while you are on sick leave) you will receive additional benefits which may include assistance to find alternate employment. The best advice I can give you is not to listen to any gossip which is likely to be running rife with lots of misinformation. Concentrate instead on the 'real' information provided by HR and any official union info you get. Sorry to hear uncertainty about your job has been dropped on you in addition to your health problems. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 20, 2013 Share Posted October 20, 2013 What work do you do Nick? Good luck and fingers crossed it isn't the case. Link to comment Share on other sites More sharing options...
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