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The Forum > General Discussion > Instant Dismissal when employer resigns

Instant Dismissal when employer resigns

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Hi DSBCK

I'm unfamiliar with the Workplace Ombudsman's role or if he is attached to the same department, however, have you sought advice from the:

Department of Consumer and Employment Protection?

I believe they're quite helpful and will act reasonably promptly on your behalf.
Posted by dickie, Thursday, 15 November 2007 9:16:47 AM
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Who can you trust in a small town? As you said - everyone knows everything... I'm afraid I'd be heading off to a larger city - where they don't know each other for legal advice. I believe that the first visit is usually free.

It would be good to know what your options are in any case. Or you can simply let it go - and move on. The choice is yours of course. But if it's going to bother you long term - at least find out what your choices are.

Personally - I'd be wanting my entitlements - and I'd want to warn others about these people.
Posted by Foxy, Thursday, 15 November 2007 10:33:35 AM
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Dear DSBCK,

I've been thinking about your situation. Something has just occurred to me... Did your husband resign in the middle of the job ?
Because I imagine that would greatly affect the project's schedules, supervision, and completion of the job on time.

I imagine that to find a replacement supervisor at short notice - would not be an easy task - particularly in the middle of a project.
Also - penalty rates would apply if the job's not completed on time.
(Minimum of $1,000 a day, a friend told me). Of course it would have been possibly cheaper for them to give your husband a raise then to get stuck with the penalty rates. But if they're working to a tight budget, perhaps they couldn't afford to do it.

Perhaps your husband should have stayed until at least, the job was completed - he may not have had the problems he's having now.
Just a thought...
Posted by Foxy, Thursday, 15 November 2007 2:27:01 PM
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Unfortunately we are not part of Union, they would have been quite handy in this situation.

My husband's job always had about 30 homes at various stages on the go, he gave his required notice and they choose to send him packing the same day and not work the remaining two weeks.

If they are hit with penalties for completing the homes late they will be of no fault than their own as all homes were well ahead of schedule and they didn't allow for any transition time by showing him the door.

We agree they should have just paid him what he was worth as they will now need to pay more to get someone else to do the job anyway. Tough lesson for their company which is why I guess they want to take it out on us financially.

Some very thought provoking comments so far, thanks for all your input.
Posted by DSBCK, Thursday, 15 November 2007 3:53:14 PM
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Builders in my region of WA refuse to include a penalty clause in contracts for home buildings so its tough titties for the owners who need to prudently add several months to the estimated time given by the builder for completion dates.

That's the reality.
Posted by dickie, Thursday, 15 November 2007 4:50:27 PM
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DSBCK

Despite those who say there's no place for unions today, unions offer insurance against unfair dismissal and unfair treatment on the job. I cringe when I hear that a badly-treated worker is not a member of a union. If only...you hadn't let you insurance policy run out.

I'd be talking to a lawyer if I were your husband. I think he's been dudded.

Good luck!
Posted by FrankGol, Thursday, 15 November 2007 5:34:12 PM
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