Workplace respect

[Raybot (Ray) (Ray)]

Hi all,

Just wanted to vent at so-called ethics/respect in the workplace. Here's the story:

I am a project manager in the IT industry, and have been contracting for the last 10 years. Until today, I was employed by a well-known gas company operating in Qld.

Also, for the last 15 years, I have suffered from a debilitating bowel disease, ulcerative colitis. Over the last 3 months, this illness has progressed to the point where medication is no longer effective, and I have been advised that I need to undergo a total colectomy (removal of the bowel). The process involves 2 stages, stage 1 is the removal of the colon, and the attachment of a colostomy bag, stage 2 is the replacement of the colostomy bag with an internal pouch (to keep the plumbing internal). The operations are to take place at least 3 months apart to allow for healing, and mean 4 weeks off work each. Stage 1 is scheduled for 22nd July, with stage 2 just prior to Xmas to minimise downtime.

Prior to my last contract renewal in May, I advised my boss of my condition, and the impacts to my availability as per the description above, to allow him to consider whether to renew my contract. I had not taken any time off through illness, and my boss was surprised that i had such a condition (ie he was happy with my work performance).This discussion, rather pleasantly, resulted in his renewing my contract not for the usual 6 month term, but for 18 months!
I have kept my boss updated all this time as and when dates become available for surgery etc.

As I write this, I am currently in hospital having suffered a flare-up that did not respond to my meds. I immediately contacted my boss to advise him that I was sick, left a message but got no reply.
My agent wrote back to me today to say my contract had been terminated.

So, fair enough, no law has been broken, and the company are within their rights to terminate a contractor unable to fulfill his duties, but WTF.

What about basic decency allowing me to believe my employment was still secure. Other than the obvious hardships, this has truly confirmed for me that ethics are dead in the Corporate workplace, and respect is a one-way street.

Disgusted

[simmo]

Hi Ray

I feel for you mate. Bit of bad news but try not to let it get you down. Words are easy to say in light of problems but look on the positive that if you had been born in different times you would be in a totally different position. We are lucky to live in such times even though today probably seems pretty average for you.

As for corporations they have no soul and never have or ever will. It's business and not life. I've had a few dealings with them and I stay very wary of them. Been told yes you have work, hand shake, sign you up next week and then things change. Suddenly no work and I've wasted a couple of weeks in the process. I got a bit upset and asked what's up and the reply "why are you so worked up about it." Rather shake hands with a snake. To them people are just faces and numbers and not real people, dollars are all they see. On the positive side few weeks later I scored a job on the mines earning way much more money with a bunch of cool guys. It was just that my destiny was somewhere else.

If you stay positive Ray then some of the best development of character in life is not when things are enjoyable but when times are tough.
There are still nice people in life just look in the right places and you'll find them!

Simmo

[GrahamL]

Sorry to hear of your problems Ray,I sincerely hope your health improves with time and treatment.

The corporate workplace these days is a pretty sleazy place imo
I've seen quite a few decent people of late
(one was week before x-mass) shafted on performance reviews,only to be replaced with a lower waged position on a short term contract.

best wishes for a speedy recovery

[jjjnettie (Jeanette)]

ahhh Ray, that's so unfair.

[Raybot (Ray) (Ray)]

Thanks for your responses guys, just a bit dazed by it all last night.
I'm genuinely good with all this, and see this whole process as a new start, maybe the change needs run a bit deeper than just my health.

Simmo, you're absolutely right, i probably should have seen it coming, it's just such an alien way for me think, I forgot personal assurances mean nothing in that environment

Thanks for your comments guys, and for keeping it positive

Cheers

[bojan]

Proletarians of all countries, unite!...

[Rodstar (Rod)]

Hi Ray,

I am sorry to hear about your medical condition. My wife had a bad health run last year and ended up with a colostomy for a while, and so I have a little bit of an insight into at least some of the issues you are describing.

I am not so sure that what has been done to you is legal. If you were living in NSW I would offer to provide legal representation you.

Under the Fair Work Act 2009 (Cth), section 342 provides protection against adverse action. One of the workplace relationships specifically provided for under this protection is independent contracting arrangements.

An adverse action is taken when the principal takes a step contrary to the workplace rights of the contractor. Section 351 specifically incorporates the raft of commonwealth laws dealing with discrimination, including disability discrimination. I would have thought that your condition is one which would be covered as a disability, and that the decision to terminate your employment, having almost certainly been taken on account of your ill-health, was an adverse action against you on account of that disability.

I would encourage you to seek legal advice from a competent lawyer near to where you live. You will need to act quickly. You have only 21 days to file a claim from the date of termination.

Good luck!

[LewisM]

I worked for one airline solidly for 3 years. We had our first baby, and after birth, I had to take our daughter to the doctor urgently asmy wife was still incapable of driving, so rang in work and told them I would not be in for the day on personal grounds.

4 weeks later, I am pulled up in front of a committee and told that since I had not provided a medical certificate for that day, and that they had contacted my usual doctor who did NOT have record of me being there that I was suspended without pay until further notice (this was not an Australian company, as you may have gathered). I explained to them that, as I had told the duty officer when I called in, that it was a personal day, and I had to take my baby daughter to the paediatrician - NOT my doctor - and there was no medical certificate from me. They then went on to say that they would investigate this and that my suspension still stood.

Well, I let them have it with both barrels, reloaded, and let them have it again, and told them to shove their job up their combined orifices.

3 years perfect record, and I cannot provide a medical certificate for a designated personal day off and they do that. I was not even rostered on for a flight that day - only non-essential ground duties.

[traveller (Bo)]

Sorry to hear of your condition Ray.
I back up Rodstar's comments. I'd also check your contract very carefully regarding their conditions of employment and dismissal. They are usually pretty standard saying they will abide by relevant state/federal legislation etc.
A visit to a lawyer specialising in unfair dismissals will be worthwhile.
You may even be able to sue them for a range of reasons:
1. Discrimination on basis of medical condition.
2. Unfair dismissal on basis of medical condition.
3. Breach of contract.
I'd personally settle for 12 month pay plus benefits.
Hope that helps.
Bo

[Profiler (Profiler)]

Alas the realities of the world is a brutal and unfair place.

You can consult an IR specialist as the first visit should be free and they can advise of prospects for any likely action however I suspect from the general nature of short term IT consultancy contracts these days they typically exclude scope for IR remedies via Fairwork OZ - sorry

[rat156]

Hi Ray,

That sort of behaviour sucks, big time.

Is the company an energy supplier to the consumer market? If so, name them, I'm sure none of us would buy our gas off them if we had a choice.

I don't know what management courses these people go to, but you'd reckon that they might just look at some of the most successful business models in the world, Google and Apple. Both of these companies look after their people and are rewarded by fierce loyalty and devotion.

Unfortunately the abovementioned companies can't spruke their credentials when it comes to the working conditions of their manufacturing facilities in China when compared to western manufacturers.

Hope you recover well.

Cheers
Stuart

[multiweb (Marc)]

Sorry to hear about this Ray. Hopefully you've still got your health and walk out of this and that's most important. Good things will come your way again.

Originally Posted by rat156

I don't know what management courses these people go to, but you'd reckon that they might just look at some of the most successful business models in the world, Google and Apple. Both of these companies look after their people and are rewarded by fierce loyalty and devotion.

Got a few mates pretty high up in Google. Not that 'nice' with employees. Maybe on the surface or in movies. Reality beneath the gloss is far from this. A lot of expectation are implied and positions management are close to the maccas turn over and general culture. You're as good as how much juice you've got left in you. They also have a system of performance rating in place within small work groups. So you get ranked on a monthly basis by your fellow workmates and vice versa. A real can of worms.

[Starless (Brian)]

Originally Posted by multiweb

Sorry to hear about this Ray. Hopefully you've still got your health and walk out of this and that's most important. Good things will come your way again.



Got a few mates pretty high up in Google. Not that 'nice' with employees. Maybe on the surface or in movies. Reality beneath the gloss is far from this. A lot of expectation are implied and positions management are close to the maccas turn over and general culture. You're as good as how much juice you've got left in you. They also have a system of performance rating in place within small work groups. So you get ranked on a monthly basis by your fellow workmates and vice versa. A real can of worms.

That sounds like standard divide and rule tactics. Setting fellow workers off against each other.

[AstralTraveller (David)]

If what they've done isn't illegal then it should be. If you have the energy then you should follow it up and see if you can get satisfaction. Of course with your internal plumbing in disarray you may not feel like you need more trouble but your ex-employer shouldn't get away with this either. Your call.

This is the trouble with the contractor system - it's the way companies externalise risk while internalising profits. If you were a waged employee you would have sick leave or annual leave or even leave without pay at your disposal and if they tried to get rid of you because of your illness they wouldn't have a leg to stand on. I do know one person who makes the contractor system work for them but for every person in that category there must be 100s or 1000s who are being exploited by being forced into the contractor system when in fact they are simply employees who are being denied the rights enjoyed by other workers.

There was a case in Wollongong a few years ago that really demonstrated the way contractors are exploited. A company had need of certain specifically modified truck for their operation. So they contracted the trucking to owner-drivers who went into $250,000 debt on the basis that they would have stable work for a few decades. About a year later the company decided to move their operations to South America and so picked up their money and left. The truckies were left with the debt and a truck they couldn't use. If the company had bought the trucks itself and hired drivers they would have had to factor the cost of the trucks into their decision to relocate (and perhaps decided they were better off staying ). That is internalising profit while externalising risk.

[Starless (Brian)]

Originally Posted by AstralTraveller

If what they've done isn't illegal then it should be. If you have the energy then you should follow it up and see if you can get satisfaction. Of course with your internal plumbing in disarray you may not feel like you need more trouble but your ex-employer shouldn't get away with this either. Your call.

This is the trouble with the contractor system - it's the way companies externalise risk while internalising profits. If you were a waged employee you would have sick leave or annual leave or even leave without pay at your disposal and if they tried to get rid of you because of your illness they wouldn't have a leg to stand on. I do know one person who makes the contractor system work for them but for every person in that category there must be 100s or 1000s who are being exploited by being forced into the contractor system when in fact they are simply employees who are being denied the rights enjoyed by other workers.

There was a case in Wollongong a few years ago that really demonstrated the way contractors are exploited. A company had need of certain specifically modified truck for their operation. So they contracted the trucking to owner-drivers who went into $250,000 debt on the basis that they would have stable work for a few decades. About a year later the company decided to move their operations to South America and so picked up their money and left. The truckies were left with the debt and a truck they couldn't use. If the company had bought the trucks itself and hired drivers they would have had to factor the cost of the trucks into their decision to relocate (and perhaps decided they were better off staying ). That is internalising profit while externalising risk.

And they are getting very good at this. Especially since the LNP govt under Howard managed to pretty much destroy trade unions in Australia.

Mind you there are more than a few union leaders that have helped to trash the union movement with their greed and corruption.

In the hey day of the BLF under Munday this sort of crap would have been quickly and decisively dealt with by direct action. Now the dirt bag employers get away with anything.

[Profiler (Profiler)]

The starting point to this issue is the agreed terms of the specific employment contract.

Unfortunately, the short-term lure in many lucrative consultancy employment arrangements is a total lack of job security and a forfeiting of workers rights typical to most employment contexts

Regrettably, there is regularly a 'it won't happen to me mentality' in such circumstances.

[multiweb (Marc)]

Originally Posted by Starless

And they are getting very good at this. Especially since the LNP govt under Howard managed to pretty much destroy trade unions in Australia.

Trade unions are very much alive and kicking in Oz. Gillard did rise to prime ministership.

[sophie (Jim)]

Originally Posted by Hans Tucker

he watched as people jump positions on the list by paying a fee to the Union. I will never join or support a Union.

Yeah, except that didn't happen - that's just the story he told.

[Hans Tucker (Hans)]

Originally Posted by sophie

Yeah, except that didn't happen - that's just the story he told.

Fine, in your view it didn't happen. My post has been deleted to avoid offending those that support Unions.

[LewisM]

Slippery slope to lock down AGAIN.