September 4, 2024 • 8 mins
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Episode Transcript
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Speaker 1 (00:01):
You're listening to the Robin and Kit podcast. Was the
Kiss and Ny seventy three lea.
Speaker 2 (00:13):
Heyse days. Okay, what's your question to ask a lawyer?
Speaker 3 (00:17):
So the question in bal was our son who recently
got fired from his just casual position. He's not even
eighteen yet, so and it was his first job. He's
been there for over two years. They kind of trumped
up some reasons as to why he would get fired.
They didn't give him shifts, and he was asking and
(00:39):
asking and asking. So one person made a complaint in
saying that that was aggressive in him asking why he
wasn't getting shifts, and two for that, they accused him
of allegedly stealing stuff. No proof, no nothing. But when
he went in to talk to them about how come
(00:59):
he was getting any shifts, they just gave him a
piece of paper from a lawyer facing his termination.
Speaker 2 (01:06):
Right yeah wow. So had there been any other problems
behind the.
Speaker 3 (01:11):
Scenes, No, no, nothing. They're new owners. Person that owns
it has only owned it for so many months this year.
He has been there, like I said, for over two
and a half years, not a single warning. He's an
exemplary employer employee. He hasn't had No one's ever had
(01:31):
to speak to him about anything. Other people worked there,
managed there. There was an incident with the manager who
hurt herself and she then no longer came back, and
they've just had a lot of changeover of stuff. But
he's been there the whole time, and he's just turned
or he's just about to turn eighteen, and we think
that all of these reasons are trumped up to get
(01:52):
rid of him, but in the process left him feeling
like he's done something wrong, distraught about it.
Speaker 2 (02:01):
So the reason to get rid of him before eighteen
is because of the pay rise that he would get.
Speaker 3 (02:05):
Is that?
Speaker 1 (02:06):
Is that what I'm reading?
Speaker 3 (02:07):
I presume? So, yes, okay, because they are just a
we'll go with one of the fast food giants.
Speaker 2 (02:16):
Okay, and they generally have teenagers because they're cheap to
pay you. But okay, all right, well let's see if
are there any grounds. Did you say he was casual?
Speaker 3 (02:25):
He has been casual regular so every week shifts for
over two years.
Speaker 2 (02:31):
Okay, what do you actually want out of this?
Speaker 3 (02:34):
Just to have like basically his name clear clear.
Speaker 2 (02:37):
Is But how do you how does that? How does
that manifest for you?
Speaker 3 (02:40):
I'm not exactly sure. I think that's kind of the
questions that would be asking on a lawyer in what
do we do now. I've contacted their trading and they've
said they've sent me details on that we can lodge
forms for an unfair dismissal. But that's about it. They
haven't They've sort of said, we've got to go through
(03:04):
unfair work Trading Commission or something. I'm not sure. Again,
this has only just recently happened, so we don't have
enough information.
Speaker 2 (03:13):
And it is tough with the first job because now
every subsequent job they're going to want to know what
the experience is. And then if you have to say
that he's been fired, that is really problematic. I completely
appreciate that.
Speaker 3 (03:26):
Especially considering he has just completed his traineeship, which is
the first step for him becoming a chef through school.
So he then is going to be looking for places
to him to continue that on so he can finish
his apprenticeship. So the last thing that he wants is
this going along with him.
Speaker 2 (03:42):
Okay, now I understand the implications of clearing his name.
Let us bring our lawyers in and see what we
can find out for you. Thanks, hey, stays Hie. We
have our lawyer, Rollie with us. Do you just want
to quickly ask it, just explain your situation and ask
(04:03):
your question.
Speaker 3 (04:04):
Our son, who is just about to turn eighteen, has
been fired from his first job. We trumped up reasons
as to being fired. We believe that it's because he's
about to turn eighteen. Maybe they've accused him of stealing,
they've accused him of being aggressive, and none of this,
none of it is true. We want to know what
we can do. We don't want to get his job back,
(04:26):
but we want him We want to clear his name
from what they're trying to say that he did.
Speaker 1 (04:31):
Stacey, Was there a termination letter given to your son?
Speaker 3 (04:34):
There was?
Speaker 1 (04:35):
And were there any grounds on that termination letter?
Speaker 3 (04:37):
There were two. They said that their classroom has been alleged.
One of them is for an alleged stealing. Alleged offenses
but not droven. No, no, no proof, no nothing, Like
I said, trumped up two reasons. He's worked there for
over two and a half years. He's never had a
complaint putting against him. He's never had any of the
managers that have previously worked there, because all of them
(05:00):
are like all the staff changed over and they've got
any owners.
Speaker 1 (05:03):
Stacey, what's your ideal outcome in all this?
Speaker 3 (05:06):
Just to have it so that his name's cleared?
Speaker 2 (05:09):
Yes?
Speaker 1 (05:09):
And was there a reference given to him at all?
Speaker 3 (05:11):
No reference? No, nothing. They literally said to him, you
are not to speak to any staff. If you want
to speak to us, you can. You can speak to
me directly who was the owner, or you speak you
speak to my lawyer. That was what he was told,
like a seventeen year old told.
Speaker 1 (05:26):
It's pretty scary.
Speaker 3 (05:28):
Yeah, it's terrible.
Speaker 2 (05:29):
Yeah, do you reckon? Do you think?
Speaker 4 (05:32):
Well, on the basis of what Stacy's told me, you
certainly have. Your son has an action for unfair dismissal
that needs to be filed with the Fair Work Commission
and that needs to be done within twenty one days,
illustrating that the dismissal was harsh, unjust and unreasonable and
on the basis what Stacy's told me, it certainly has been.
Speaker 3 (05:53):
Yep.
Speaker 1 (05:54):
Great, It makes no difference that he's seventeen as well.
Speaker 2 (05:57):
So Stacey, is that the paperwork you.
Speaker 3 (05:59):
Have contact with them? They said they sent us a
link to saying that we've got to go through and
fill out all the paperwork.
Speaker 2 (06:04):
Is it within the twenty one day period? Yes, we
are if you fill out that paperwork. And if they
deem that he has not, he has been dismissed wrongfully.
What do you then want if he doesn't want to
go back working there nothing.
Speaker 3 (06:19):
We actually don't want anything from them. We just want
them to actually say that what they did was wrong.
Speaker 4 (06:26):
This is a classic case where someone like myself could
become involved. And I mean, Stacey, I'll be more than
happy to write a letter free of charge for you
to get the ball right to speak, because it seems
what the employer has done has been grossly unfair.
Speaker 2 (06:43):
So would that help you appreciate that? Okay? And then
do you want a reference at the end of this.
Speaker 3 (06:49):
Yes, he's about to embark into the real world, so
to speak, finishing school and try to continue on doing
his apprenticeship for being a chef because there put two
years into doing that. He has a place of employment
that he does his training through for his train issue
that he's been doing at school. But he's just about
(07:09):
to finish.
Speaker 2 (07:10):
Did he know that you're calling us?
Speaker 3 (07:13):
He doesn't.
Speaker 2 (07:16):
I was just about to say because it would be
good to have a chat to him, and why are
you calling and not him? So you're just trying to
get background. What are you trying to do? Mom?
Speaker 3 (07:26):
He knows that we've contacted the work for training. He's
been pretty upset about it. He's a quiet type, so
it's taken him a lot to actually do this. He
generally wouldn't be the person that would talk about it.
He'll just go. All he said was I can't believe
that they've done this, and then sort of shut down
a little bit.
Speaker 2 (07:45):
Will he be cranky with your mum?
Speaker 3 (07:48):
I'm not sure. I think that I think that he'd
be okay with me at least getting the advice, that's
for sure.
Speaker 2 (08:00):
So yeah, there's no point in me asking if he
wants to talk to us or any of that sort
of stuff.
Speaker 3 (08:05):
I'm going to go with you. That would probably a
definite note.
Speaker 2 (08:10):
Well, there's nothing wrong with being a tiger when it
comes to your kid who's been hurt and particularly unnecessarily
so Rollie's offered to do you the letter mate, so
we may get a resolution for you.
Speaker 3 (08:23):
That would be great.
Speaker 1 (08:23):
Thank you so much, pleasure, Get on you, Stacy. Thank you.
You're listening to the Robin and Kid podcast.
You're listening to the Robin and Kit podcast. Was the
Kiss and Ny seventy three lea.
Speaker 2 (00:13):
Heyse days. Okay, what's your question to ask a lawyer?
Speaker 3 (00:17):
So the question in bal was our son who recently
got fired from his just casual position. He's not even
eighteen yet, so and it was his first job. He's
been there for over two years. They kind of trumped
up some reasons as to why he would get fired.
They didn't give him shifts, and he was asking and
(00:39):
asking and asking. So one person made a complaint in
saying that that was aggressive in him asking why he
wasn't getting shifts, and two for that, they accused him
of allegedly stealing stuff. No proof, no nothing. But when
he went in to talk to them about how come
(00:59):
he was getting any shifts, they just gave him a
piece of paper from a lawyer facing his termination.
Speaker 2 (01:06):
Right yeah wow. So had there been any other problems
behind the.
Speaker 3 (01:11):
Scenes, No, no, nothing. They're new owners. Person that owns
it has only owned it for so many months this year.
He has been there, like I said, for over two
and a half years, not a single warning. He's an
exemplary employer employee. He hasn't had No one's ever had
(01:31):
to speak to him about anything. Other people worked there,
managed there. There was an incident with the manager who
hurt herself and she then no longer came back, and
they've just had a lot of changeover of stuff. But
he's been there the whole time, and he's just turned
or he's just about to turn eighteen, and we think
that all of these reasons are trumped up to get
(01:52):
rid of him, but in the process left him feeling
like he's done something wrong, distraught about it.
Speaker 2 (02:01):
So the reason to get rid of him before eighteen
is because of the pay rise that he would get.
Speaker 3 (02:05):
Is that?
Speaker 1 (02:06):
Is that what I'm reading?
Speaker 3 (02:07):
I presume? So, yes, okay, because they are just a
we'll go with one of the fast food giants.
Speaker 2 (02:16):
Okay, and they generally have teenagers because they're cheap to
pay you. But okay, all right, well let's see if
are there any grounds. Did you say he was casual?
Speaker 3 (02:25):
He has been casual regular so every week shifts for
over two years.
Speaker 2 (02:31):
Okay, what do you actually want out of this?
Speaker 3 (02:34):
Just to have like basically his name clear clear.
Speaker 2 (02:37):
Is But how do you how does that? How does
that manifest for you?
Speaker 3 (02:40):
I'm not exactly sure. I think that's kind of the
questions that would be asking on a lawyer in what
do we do now. I've contacted their trading and they've
said they've sent me details on that we can lodge
forms for an unfair dismissal. But that's about it. They
haven't They've sort of said, we've got to go through
(03:04):
unfair work Trading Commission or something. I'm not sure. Again,
this has only just recently happened, so we don't have
enough information.
Speaker 2 (03:13):
And it is tough with the first job because now
every subsequent job they're going to want to know what
the experience is. And then if you have to say
that he's been fired, that is really problematic. I completely
appreciate that.
Speaker 3 (03:26):
Especially considering he has just completed his traineeship, which is
the first step for him becoming a chef through school.
So he then is going to be looking for places
to him to continue that on so he can finish
his apprenticeship. So the last thing that he wants is
this going along with him.
Speaker 2 (03:42):
Okay, now I understand the implications of clearing his name.
Let us bring our lawyers in and see what we
can find out for you. Thanks, hey, stays Hie. We
have our lawyer, Rollie with us. Do you just want
to quickly ask it, just explain your situation and ask
(04:03):
your question.
Speaker 3 (04:04):
Our son, who is just about to turn eighteen, has
been fired from his first job. We trumped up reasons
as to being fired. We believe that it's because he's
about to turn eighteen. Maybe they've accused him of stealing,
they've accused him of being aggressive, and none of this,
none of it is true. We want to know what
we can do. We don't want to get his job back,
(04:26):
but we want him We want to clear his name
from what they're trying to say that he did.
Speaker 1 (04:31):
Stacey, Was there a termination letter given to your son?
Speaker 3 (04:34):
There was?
Speaker 1 (04:35):
And were there any grounds on that termination letter?
Speaker 3 (04:37):
There were two. They said that their classroom has been alleged.
One of them is for an alleged stealing. Alleged offenses
but not droven. No, no, no proof, no nothing, Like
I said, trumped up two reasons. He's worked there for
over two and a half years. He's never had a
complaint putting against him. He's never had any of the
managers that have previously worked there, because all of them
(05:00):
are like all the staff changed over and they've got
any owners.
Speaker 1 (05:03):
Stacey, what's your ideal outcome in all this?
Speaker 3 (05:06):
Just to have it so that his name's cleared?
Speaker 2 (05:09):
Yes?
Speaker 1 (05:09):
And was there a reference given to him at all?
Speaker 3 (05:11):
No reference? No, nothing. They literally said to him, you
are not to speak to any staff. If you want
to speak to us, you can. You can speak to
me directly who was the owner, or you speak you
speak to my lawyer. That was what he was told,
like a seventeen year old told.
Speaker 1 (05:26):
It's pretty scary.
Speaker 3 (05:28):
Yeah, it's terrible.
Speaker 2 (05:29):
Yeah, do you reckon? Do you think?
Speaker 4 (05:32):
Well, on the basis of what Stacy's told me, you
certainly have. Your son has an action for unfair dismissal
that needs to be filed with the Fair Work Commission
and that needs to be done within twenty one days,
illustrating that the dismissal was harsh, unjust and unreasonable and
on the basis what Stacy's told me, it certainly has been.
Speaker 3 (05:53):
Yep.
Speaker 1 (05:54):
Great, It makes no difference that he's seventeen as well.
Speaker 2 (05:57):
So Stacey, is that the paperwork you.
Speaker 3 (05:59):
Have contact with them? They said they sent us a
link to saying that we've got to go through and
fill out all the paperwork.
Speaker 2 (06:04):
Is it within the twenty one day period? Yes, we
are if you fill out that paperwork. And if they
deem that he has not, he has been dismissed wrongfully.
What do you then want if he doesn't want to
go back working there nothing.
Speaker 3 (06:19):
We actually don't want anything from them. We just want
them to actually say that what they did was wrong.
Speaker 4 (06:26):
This is a classic case where someone like myself could
become involved. And I mean, Stacey, I'll be more than
happy to write a letter free of charge for you
to get the ball right to speak, because it seems
what the employer has done has been grossly unfair.
Speaker 2 (06:43):
So would that help you appreciate that? Okay? And then
do you want a reference at the end of this.
Speaker 3 (06:49):
Yes, he's about to embark into the real world, so
to speak, finishing school and try to continue on doing
his apprenticeship for being a chef because there put two
years into doing that. He has a place of employment
that he does his training through for his train issue
that he's been doing at school. But he's just about
(07:09):
to finish.
Speaker 2 (07:10):
Did he know that you're calling us?
Speaker 3 (07:13):
He doesn't.
Speaker 2 (07:16):
I was just about to say because it would be
good to have a chat to him, and why are
you calling and not him? So you're just trying to
get background. What are you trying to do? Mom?
Speaker 3 (07:26):
He knows that we've contacted the work for training. He's
been pretty upset about it. He's a quiet type, so
it's taken him a lot to actually do this. He
generally wouldn't be the person that would talk about it.
He'll just go. All he said was I can't believe
that they've done this, and then sort of shut down
a little bit.
Speaker 2 (07:45):
Will he be cranky with your mum?
Speaker 3 (07:48):
I'm not sure. I think that I think that he'd
be okay with me at least getting the advice, that's
for sure.
Speaker 2 (08:00):
So yeah, there's no point in me asking if he
wants to talk to us or any of that sort
of stuff.
Speaker 3 (08:05):
I'm going to go with you. That would probably a
definite note.
Speaker 2 (08:10):
Well, there's nothing wrong with being a tiger when it
comes to your kid who's been hurt and particularly unnecessarily
so Rollie's offered to do you the letter mate, so
we may get a resolution for you.
Speaker 3 (08:23):
That would be great.
Speaker 1 (08:23):
Thank you so much, pleasure, Get on you, Stacy. Thank you.
You're listening to the Robin and Kid podcast.
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