I took my former employer (post forced redundancy) to Fair Work Commission claiming adverse action taken against myself due to complaints made to former employer and governing bodies about a breech of registered traineeship.
In Fair Work commission my former employer came in wishing to negotiate. The deal being that I undertake training with them to completion of the certificate I had signed for, however I would not be paid for it. A deed of release was not mentioned and all I had agreed to was to come to an agreement of dates based on company, RTO and my availability.
My union talked me into taking the deal. To this day, I have not been happy with assistance I have obtained from my union as I did all the work myself and I had only listed them as a representative hoping they would give me some legal assistance as I had found out from the commission that my former employer were bringing in a lawyer to sit in on the Fair Work Australia conference.
So agreement was made at Fairwork commission via a handshake. Once all parties had agreed to dates of training to commence, I was sent a copy of a deed of release and an indemnity form to sign by my union. I made a complaint that I refused to sign the deed and that it was not fair to my union and he replied with an email stating that he believed the company has been fair in its dealings and that he refused to take the matter back to fairwork. This was about a week before the training was to commence. I had attempted to contact my union several times via email and phone to discuss the deed. I never received a phone call back. With a deadline to have the deed signed attempts to obtain legal advice were limited. I could not afford a lawyer and days for free employment law advice had already passed. In the end I signed the deed under duress just wanting for the matter to be resolved and getting on with my life.
I am now in a situation where I realise that I'm being trapped by my former employer. I feel the deed is preventing me from doing anything but being set up to fail this traineeship.
N.B Deed of release effectively says that company will provide the training. I will undertake training. By the 31/12 if I have completed the course successfully or not the company has no further obligations.
N.B My initial argument with the company to take to Fair Work was that no training had been provided despite me signing on for a registered traineeship. For a period of 18 months (of a 24 month traineeship) I received no training.
The deed I signed is essentially giving me full qualification I signed for providing I pass. However I feel the amount of knowledge being pumped into me in 4 weeks and then being assessed after this 4 weeks to complete is almost impossible. There is no way that after 4 weeks I can expect me to be fully qualified. Without giving away the occupation..the company is either giving me full qualification in 4 weeks with the knowledge that i will never be employed due to lack of experience, sending me out into the workforce and placing the public, my colleagues and my life at risk or they are setting me up for a fail.
What can I do? Do I have any employee rights? Please help!
N.B I feel there is a heavy connection of corruption hence the lack of help from union.
In Fair Work commission my former employer came in wishing to negotiate. The deal being that I undertake training with them to completion of the certificate I had signed for, however I would not be paid for it. A deed of release was not mentioned and all I had agreed to was to come to an agreement of dates based on company, RTO and my availability.
My union talked me into taking the deal. To this day, I have not been happy with assistance I have obtained from my union as I did all the work myself and I had only listed them as a representative hoping they would give me some legal assistance as I had found out from the commission that my former employer were bringing in a lawyer to sit in on the Fair Work Australia conference.
So agreement was made at Fairwork commission via a handshake. Once all parties had agreed to dates of training to commence, I was sent a copy of a deed of release and an indemnity form to sign by my union. I made a complaint that I refused to sign the deed and that it was not fair to my union and he replied with an email stating that he believed the company has been fair in its dealings and that he refused to take the matter back to fairwork. This was about a week before the training was to commence. I had attempted to contact my union several times via email and phone to discuss the deed. I never received a phone call back. With a deadline to have the deed signed attempts to obtain legal advice were limited. I could not afford a lawyer and days for free employment law advice had already passed. In the end I signed the deed under duress just wanting for the matter to be resolved and getting on with my life.
I am now in a situation where I realise that I'm being trapped by my former employer. I feel the deed is preventing me from doing anything but being set up to fail this traineeship.
N.B Deed of release effectively says that company will provide the training. I will undertake training. By the 31/12 if I have completed the course successfully or not the company has no further obligations.
N.B My initial argument with the company to take to Fair Work was that no training had been provided despite me signing on for a registered traineeship. For a period of 18 months (of a 24 month traineeship) I received no training.
The deed I signed is essentially giving me full qualification I signed for providing I pass. However I feel the amount of knowledge being pumped into me in 4 weeks and then being assessed after this 4 weeks to complete is almost impossible. There is no way that after 4 weeks I can expect me to be fully qualified. Without giving away the occupation..the company is either giving me full qualification in 4 weeks with the knowledge that i will never be employed due to lack of experience, sending me out into the workforce and placing the public, my colleagues and my life at risk or they are setting me up for a fail.
What can I do? Do I have any employee rights? Please help!
N.B I feel there is a heavy connection of corruption hence the lack of help from union.