this post was submitted on 14 Jul 2023
23 points (100.0% liked)
Melbourne
1862 readers
52 users here now
This community is a place created for the people of Melbourne and Victoria. We are a positive, welcoming and inclusive community. We might not agree about everything, but we always strive to stay civil and respectful.
The focus of our discussions is based around things that effect Victoria, but we are also free to discuss our local perspective on wider issues. Or head to the regular Daily Random Discussion thread to talk about anything.
Ongoing discussions, FAQs & Resources (still under construction)
Adoption Certificate for Nellie, the Daily Thread numbat (with thanks to @Catfish)
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Team, I need some advice. My boss dumped on me yesterday that she wants me to fire an employee who has been with the business for 5 years, however she wants me to tell this employee that I made the decision to fire them and to not mention under any circumstances that she has asked for it to be done. I'm really not ok with this as I see it as me being thrown under the bus and being made to look like the bad guy, i think it also shows a complete lack of integrity and also cowardice on the part of my boss.
The employee in question has had some behavioural problems which have existed since he started years ago, but they only seem to an issue for my boss now. I personally don't think that this employee has done anything severe enough to warrant termination and my boss absolutely doesn't want to provide this employee opportunity to improve or correct the behaviour. I'm at a loss as to what to do, because I think if i am honest with this employee and tell them that it was owners decision to fire them, I will most likely be on the chopping block as well when my boss finds out. Everyone at my work is casually employed so I can be dismissed without notice. I've felt for some time that my boss is a covert narcissist or at the very least has a toxic personality and this pretty much sealed the deal for me. I feel like resigning over this but have no savings and will need to try and find another job. I just don't know what to do.
While it’s true that casual employees can be dismissed without notice, they can’t just be let go without following the correct procedures. I worked in retail for years and the way the company dealt with getting rid of people was to just decrease the amount of hours they got. If they wanted to actually sit someone down and say ‘you’re fired’, they needed to have followed all of the procedures, such as giving them written warning and putting them on improvement plans. Without that, the worker was fully within their rights to file for unfair dismissal. So before doing anything on behalf of your shitty boss, I would make sure that the procedure has been followed to a t. If any step is missing, or they’ve never given them a written warning (written, as well. Not verbal. There’s no paper trail for verbal), etc, then you wash your hands of that situation. Because if they choose to escalate it, it’s your ass that’s on the line, not your boss’s.
Are you even in an official managerial position that allows you to dismiss people?
So to clarify, I am the Store Manager and I report in to the director of the business who is the one asking me to do this. I absolutely agree regarding following the correct process. As I mentioned, the employee hasn't done anything to warrant instant dismissal but has probably behaved in the way that warrants a sit down and verbal warning. It's also behaviour that the owner has allowed to continue for 5 years without giving warnings verbal or otherwise, so the employee would absolutely be within his rights to go to fair work. I imagine the owner is getting me to do it so it's my ass that stomped and not hers.
Yeah, I would just go back to the director with all all the fair work stuff and say ‘sorry not sorry I don’t want to be sued and I don’t think you do either’
Give them this link: https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/ending-employment If it’s a small business, there’s a seperate checklist that they can follow, but it’s all still essentially the same.
Let them know that, if they have a series concern or issue about the employee, you can sit down with them and give them a warning and do a performance review, but even then, they have to be given a certain amount of time to work on the issue. Your hands are tied and there’s nothing that you, personally, are legally able to do
Thank you. I've emailed my boss and presented my objection in a way that is about protecting the business and suggested going 100% by the book. Hopefully they see reason. If they don't listen, i'm going down the i'll be liable route.