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NSW Unfair Dismissal - What are My Employee Rights?

Discussion in 'Employment Law Forum' started by Catriona, 10 June 2015.

  1. Catriona

    Catriona Member

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    Is there such a thing as 3 written warnings before termination? I work as an AIN in aged care.
    I have a disciplinary meeting scheduled for tomorrow, claiming serious misconduct with a resident who is known to have behavior problems and make unnecessary comments and allegations toward staff. My manager is also claiming defamation to the company's reputation and not treating the resident with dignity, care and privacy.

    I also have a problem with "Charter of Residents Rights and Responsibilities". It clearly states that residents should respect the staff, the care needs of others and the fact they are in a communal environment. I have pointed this out to my manager on numerous occasions. Apart from company policy and procedures, I feel this charter should bear some weight, as it comes from the Aged Care Dept.

    This particular resident yells at staff and is always complaining or disgruntled if she doesn't get what she wants when she wants. It seems like workplace bullying. Our manager has told us that a resident can yell, scream, and abuse us and we have to just take it. I feel that my manager is not concerned with her staff and their feelings or the "charter". The manager doesn't want to make "waves" with this resident, but is happy to hear her allegations and try to terminate my employment (I have been working there for 10 years and have great relationships with other residents and their families). This resident gets better care because she is cognitively alert. She is showered daily and other residents miss out because of time spent looking after her. Our company insists on person centered care and the home belongs to the resident. It seems only when they are cognitively alert!

    I am an opinionated person and do speak up. I guess my boss has labeled me a troublemaker, but I am sick of the injustice of it all. I didn't do anything terrible to this resident. I expressed some feelings toward her, and really a lot of what she alleges are just trivial, but, because she has said quite a lot it gives it more substance.

    My next question is if I have the meeting and my boss decides to terminate my employment, am I still able to resign before termination as I feel like it will be an unfair dismissal? What are my employee rights? Also what about "the Charter of Residents Rights and Responsibilities"?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Catriona,

    What is the "charter of residents rights and responsibilities" exactly? Is it an industry document? Or one of your employer's policies?
     
  3. Catriona

    Catriona Member

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    I believe it is issued by Department of Social Services, so I guess it's an industry document
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Catriona,

    I assume you work for a privately (incl charity) run aged care facility in NSW. So if you are unfairly dismissed you have 21 days from the date of dismissal to apply to the Fair Work Commission.
    Have a look at this blog post on unfair dismissal: Unfair Dismissal and the Fair Work Commission - Legal Blog - LawAnswers.com.au

    Let me know if you have any other questions about unfair dismissal after reading the blog post.
     

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