Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Darren16

Unfair dismissal

Recommended Posts

I returned to Scotland for my fathers funeral 4 weeks ago. I returned back in Melbourne 2 weeks ago to get fired from my sponsor who says I never followed procedure. I had 2 days bereavement 1 week med cert and 10 days carers leave so I came home early with my mother to care for her here and get back to work to avoid losing my job. Is there anyone who knows if this is legal 

Share this post


Link to post
Share on other sites

Did you make a formal request to use your leave before you left? Do you have an email or other evidence that your leave was approved before your departure?


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5

Share this post


Link to post
Share on other sites
23 minutes ago, Darren16 said:

My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5

Did you apply to your employer for the leave? If you didn't, I'm wondering if this is why they're saying you didn't follow procedure?  I think it's terrible that they've terminated you at a time of bereavement.  When my dad passed away - I took additional leave, but I spoke to my employer to arrange this time off.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

Share this post


Link to post
Share on other sites
2 hours ago, Darren16 said:

My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5

To be clear:

You took some leave to go to the funeral.  Was that compassionate leave or annual leave?   Did you get approval for that before you left? 

Then you were sick and you got a medical certificate to cover that absence.  Did you call or email your employer to notify them that you were going to be off sick, and how long for?

Then you took carer's leave. Did you call your employer to notify them you needed to take that leave?  Have you supplied a medical certificate or other evidence that your mother was unwell and needed care?

Notice that in most companies, carer's leave is not a separate entitlement. You get sick leave which you can use EITHER for yourself OR to care for someone else.  So if you took a week off sick plus 5 days carer's leave, that's your whole sick leave allowance used up.  

 Also, how long have you been employed there - you are not entitled to the full amount of leave in your first year?

 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

Yeah everything I had done was notified from me in the UK and my wife who remained in Australia 

Share this post


Link to post
Share on other sites
1 hour ago, Darren16 said:

Yeah everything I had done was notified from me in the UK and my wife who remained in Australia 

Did you check your leave entitlement with your employer?


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

You say you were fired by your sponsor - is your visa position ok?

Share this post


Link to post
Share on other sites
5 hours ago, Darren16 said:

For now my visa position is fine yeah 

I would say that is far from certain. I would recommend you speak to a registered migration agent ASAP. 

Share this post


Link to post
Share on other sites

I suggest you contact your employer again and ask them to explain exactly HOW you failed to follow procedure.  You are entitled to know.

Like I said, sick leave and carer's leave must BOTH be supported by medical evidence (for you or the person you're caring for).   Also, carer's leave is not a separate entitlement - it comes out of your sick leave.  Had you taken any sick leave already this year?  And how long have you been in the job (you are only entitled to pro rata leave in the first year).

I don't know of any employer-sponsored visa where your sponsor can fire you and it doesn't matter. Are you sure?

 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×