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WA Employer Obligations when Hiring New Employee?

Discussion in 'Employment Law Forum' started by Raewyn Waerea, 15 August 2014.

  1. Raewyn Waerea

    Raewyn Waerea Member

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    Hello,
    Would like to know if I would have a case to pursue under employment law. I was employed and got another job as my previous employer is retiring at the end of the year. I had three interviews with new employer and made it very clear to both bosses I was not computer literate. They said they had 2 positions available but wasn't sure which one would best suit me. They told me to start work 01/07/14. I was put straight onto computer to do a job that you had to be very fast and know your way around the computer. I worked at this position for 3 days when the person training me went to management and said I was not suitable for position. I spoke to one of the bosses whom told me they would employ me doing the other position and to phone him the following week.

    I did exactly that and after several phone calls was told the other partner was creating the position for me and to phone the following week. I did this to find he had gone on 2 weeks holiday so phoned him in 2 weeks time to be told he was away for another week. After several phone calls have not been able to speak with him and am being told he's busy. I would not have left my current job if i had known I was going to be fobbed off and left unemployed.

    I would like to be compensated for loss of earnings. Is this possible?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Raewyn,

    I am not too familiar with employment law as it can be quite a complicated area. Hopefully someone more familiar in the area will be able to assist you further.

    However, in the meantime, I would suggest giving the Fair Work Ombudsman a call. They are an Australia-wide service that assists employees with issues that arise during the course of employment. They may be able to give you a better idea of where you stand.

    Best of luck.
     
  3. Tim W

    Tim W Lawyer

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    No, I don't think you do, if only because this whole thing is, at it's heart, of your own making.
    Without more, I cannot come to the view that you have been on the receiving end of "adverse action" by an employer.

    Some might suggest that you are somehow entitled to "no disadvantage" because the new employer offered you work for which you were not appropriately skilled.
    That may be a point on which you could negotiate, especially given that they tried, albeit unsuccessfully, to train you.
    You may, on that basis be able to negotiate something with the help of your union*,
    but I don't know of any entitlement that would apply to this situation.
    I am unable to identify anything in what you have told us
    that would make that possible.
    Hopefully, others will have other suggestions.


    ______________
    * If you are not a union member, then you are "on your own"
     
  4. Raewyn Waerea

    Raewyn Waerea Member

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    Thankyou for your reply. Yes they did offer me employment i was not skilled to do but in saying that they said there was two positions available and when interviewd i made it perfectly clear that i was not computer literate. They said they were prepared to create another position for me in which i am more than skilled to do. They were well aware of this. They both said they would definitely have this position for me and have failed to do as said.

    Kind regards,
    Raewyn
     

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