SA fired for having last minute 1and a half sick days off...

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sonay

Well-Known Member
5 November 2016
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1
124
I got a job at a hotel as a casual but before i started the job I told the head chef who interviewed me that I have planned a holiday to Queensland for 5days and then Melbourne for 5 days is that going to be a problem? He says no we can work around it. Im a casual on probation.
I started work then a week later went to Queensland came back worked for 2weeks then went to Melbourne. While in Melbourne I got a severe tooth infection which made my face swell up. Came back to Adelaide and my first shift was was 2days later but I still hadn't recovered from the infection, I forced myself to work. I told the chef im not feeling good and showed him photos and he says thats ok just take it easy... I struggled the whole day but finished my shift. My next shift was 2 days later on a friday but I still hadn't recovered from the infection so I asked for a day off and didnt even get a reply, I figured the chef was angry even though he knew I was sick. I worked on Saturday, Monday night and on Wednesday my son stayed at home from school because he was sick, I went to work explained that my son was sick, my sister could look after him during the day but couldnt at night so I have to take the night shift off. I asked if the other employee could fill in for me tonight and I can fill in for her tomorrow night. The head chefs reaction was oh f#$k what are we meant to do now? This cant keep happening... I said Im sorry my son didnt plan to get sick and made me feel like a useless worker even though I worked hard, didnt even take toilet break and sometimes logged off but kept working just so I could finish the job. There are other employees who work there who can say how hard I worked. 2 days later the head office emailed my job network provider saying they will cease employment because I was unreliable taking days off at the last minute. Under the general protection act as a casual worker I am entitled to have 2 unpaid sick days off and 2 unpaid carers responsibilities days off. I even emailed the head office explaining all of this and didnt even get a reply.
I think I was treated unfairly. Do they have a right to fire me like this?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Ring the Union's contact centre and see how you go.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
That's just the nature of casual employment.

I was working at a place one time that had allot of casuals, and there was an 'unwritten' policy that if any casual took a sick day, they would be fired. So as a result, all the casuals come in sick and spread their germs, i was never sick so many times in such a short period in my entire life! I had to quit that job.

Its a national disgrace, and we can only hope that one day the government will wake up, but so far just token legislation that in most cases is not practicably enforceable.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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2,894
Do they have a right to fire me like this?

It is unlikely they have this right, but as Tim has mentioned, contact your Union in the first instance.