Genealogy Forum UK

MarkCDodd wrote:They are not downsizing. They are replacing.

It will cos tme about $15,000 to challenge them and even if I win I am not guaranteed to get costs.

Do you have a union that can help?

Not a member of the Union. Union powers are not what they used to be.

Just found out I can lodge an "Unlawful Termination Dispute" for $67 that will allow Government experts in the legislation to speak to both sides and come up with a recommendation.

If the recommendation is that my employer was unlawfull in the dismissal and refuses to give me my position back, I can then lodge an Unfair Dismissal via the courts with the other side knowing they can't win.

Forcing me to court in such circumstances would almost guarantee that costs would go against my employer.

Basically it come down to this.

1) They fired me saying that narcolpesy prevents me from performing my duties.

Fact is I have been performing the duties for over 8 years, 5 of which I have had narcolepsy.

2) They say the medical report from my Narcolpesy specialist says I can't perform my duties.

In fact, the answer to the question, "Is Mr Dodd able to perform safely the full range of duties on a full time basis?" the answer was "Yes, but not as fast as he used to."

3) They say my long abscences over the last 4 months are proof that narcolpesy stops me from performing my duties.

The fact is that an ongoing chest infection caused by a fungus in my lungs was the cause of the absence, not narcolepsy. This is indicated in the sick leave forms provided by my Doctor.

4) They say the medical information from my Doctors says my condition will get worse.

He said a 12 month cycle of evaluation was required as the condition will degenerate, not that I can't perform my duties right now. Who knows, it might be another 10 years before the narcolpesy starts to interfere.

Never mind Mark, you can fill your time helping out on here

Linell.

MarkCDodd wrote:Not a member of the Union. Union powers are not what they used to be.

Just found out I can lodge an "Unlawful Termination Dispute" for $67 that will allow Government experts in the legislation to speak to both sides and come up with a recommendation.

If the recommendation is that my employer was unlawfull in the dismissal and refuses to give me my position back, I can then lodge an Unfair Dismissal via the courts with the other side knowing they can't win.

Forcing me to court in such circumstances would almost guarantee that costs would go against my employer.

Basically it come down to this.

1) They fired me saying that narcolpesy prevents me from performing my duties.

Fact is I have been performing the duties for over 8 years, 5 of which I have had narcolepsy.

2) They say the medical report from my Narcolpesy specialist says I can't perform my duties.

In fact, the answer to the question, "Is Mr Dodd able to perform safely the full range of duties on a full time basis?" the answer was "Yes, but not as fast as he used to."

3) They say my long abscences over the last 4 months are proof that narcolpesy stops me from performing my duties.

The fact is that an ongoing chest infection caused by a fungus in my lungs was the cause of the absence, not narcolepsy. This is indicated in the sick leave forms provided by my Doctor.

4) They say the medical information from my Doctors says my condition will get worse.

He said a 12 month cycle of evaluation was required as the condition will degenerate, not that I can't perform my duties right now. Who knows, it might be another 10 years before the narcolpesy starts to interfere.

Good Luck Mark - You go for it !!!!!!!

We have a meeting in front of the Fiar Work Commisioner this coming Thursday.

It will be at least 5 on thier side including a lawyer or two and little old moi' on the other.

I sitll think I will kick their collective butts and expect them to humbly offer my job back after the commisioner rips a hole in them.

Good Luck Mark - kick 'em good !!!!!

Will be thinking of you! Good luck
Jo

Good Luck from me too Mark!

One all draw at fulltime. Going into overtime...

Had my hearing today and asked for my job back.

Acme refused (I won't name the real company) but agreed to another private hearing where I can claim for Unfair Dismissal as long as there is no order to reinstate me.

I expected this as there would be a queue a mile long to claim unfair dismissal if I won.

So, options were.

1) Go through unfair dismissal via the normal commision which involves legal representatives on each side. That could force them to give me my job back but I risk a lot of money doing it.

2) Go for unlawfull dismissal which involves a lot of legal jargon and strict interpretations of the law. Expensive and scary.

3) Go through the commision and have a private hearing. It is up to either side if they have legal reprentatives and who they subpoena. Win or lose, the side that subpoenas a witness must pay compensation to the witness. Acme have alread decided to subpoena my Narcolepsy Doctor which is perfect for me. He will support my side, not theirs.

Option 3 will cost me nothing and I am 100% sure I will win.

Good luck Mark.

How long does this whole process take??

Hearing is the 19th of next month.

It will forever for that date to come! I hope it goes quickly for you and you get things sorted out for yourself.
Jo

The rotters just listed my job on the market at £78,750 per year which is about £5,000 more than they were paying me.

I am waiting to see if they accept my offer of dropping the court case for six months salary.

I should of made it six months of the new salary

It is going to cost them about £8000 just to subpoena my Doctor for the day.

Mmmm....there is a position in Warwickshire that looks good....

Wouldn't wan't to miss my Aussie summer though.

Oh my goodness that pay!!!!

Surely you could get more than 6 months pay? Its your livelyhood and no work no pennies!
So next month d day?
Jo

MarkCDodd wrote:The rotters just listed my job on the market at £78,750 per year which is about £5,000 more than they were paying me.

I am waiting to see if they accept my offer of dropping the court case for six months salary.

I should of made it six months of the new salary

It is going to cost them about £8000 just to subpoena my Doctor for the day.

Mmmm....there is a position in Warwickshire that looks good....

Wouldn't wan't to miss my Aussie summer though.

Is that all!

I wouldn't get out of bed for that!!

mind I don't anyway