danilada Posted April 2, 2008 Report Share Posted April 2, 2008 Help! I have been employed at a job for eight months now, in the time I have never recieved a contract, infact for the first two months I asked every day for one, and there was always excuses about why I haven't got it yet, now my understanding is, that this is illegal. I have been on the Department of Labours website but not really to savvy with what they say. The other question I have, is, if you take one day sick leave, you dont intend on being paid, do you still have to have proof that you were sick, i.e doctors cert? Please help me out! Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 2, 2008 Report Share Posted April 2, 2008 In short, yes, it is illegal - but they bear the brunt of any action, not you, and no, you are not required to produce a doctors certificate for absence less than three days, and even then if they demand one they have to pay for the doctors visit Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Thanks. I know they get in any trouble about having no contract, but what about me, if they expect me to do some-thing unusual, because I dont have a set "contract" do I have to do any "extra" that they say. ex, drive 20 minutes on MY petrol using MY car to get THERE mail? Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Also about the Doctors Cert, what if I had an hour off on Monday, then the whole day Wednesday, do I have to supply any-thing? What if they "think" it was phoney and not a legitament appt? Quote Link to comment Share on other sites More sharing options...
Silvia-15 Posted April 3, 2008 Report Share Posted April 3, 2008 they can get fined a ridiculous sum of money for that... Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 If you went to work on Tuesday the short answer is no. You might like to point out to them that even though they haven't supplied you with a written contract, despite your requests for one, you are both still bound by the applicable labour laws. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Thanks, I knew I was in my rights Boss is having a bad day :evil: and im coping it as I had yesterday off :roll: Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 they can get fined a ridiculous sum of money for that... What are you emplying, a get rich quick sceme... :lol: Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 ...if they expect me to do some-thing unusual, because I dont have a set "contract" do I have to do any "extra" that they say. ex, drive 20 minutes on MY petrol using MY car to get THERE mail? Most contracts contain a clause like 'any other reasonable task as required'. What reasonable is depends upon what your job is. If you are employed as an accountant then 'reasonable' might include opening the mail when the receptionist is away because it is directly related to your normal job, but 'reasonable' wouldn't include unblocking the toilet - they'd have to call a plumber. In your situation driving to get the mail may well be reasonable, but never at your expense. If you are driving your car then they a liable for a) your time b) 60 cents (minimum) per kilometre or part thereof travelled c) any cost in your car insurance premiums to cover COMMERCIAL USAGE - because that is what you are engaging in and if you have a prang you are not covered under a normal 'private passenger' policy. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Ok, they are requiring me to get the mail from the P.O.Box every morning (I am the administrator) but that was never asked of me before, I will be asking for compensation if they require that in the future, thanks heaps, was making sure I am in my rights, before I blow my job or some-thing. Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 Oh, you are entitled to 5 days sick leave per year BEGINNING SIX MONTHS AFTER you start, so if you have been there 8 months you became eligable to it two months ago and are entitled to sick pay for that day you took off too. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Double Thanks Do you have to show a Dr Cert for the sick leave pay though? Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 Only if you were away for more than two days CONTINUOUSLY - if you were at work Tuesday, then no. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Thanks my employer will love you :lol: Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 If he gets shitty just refer him to the Labour Department website, or alternatively you or he can call them and they will help sort things out, including sorting out a basic Employment Agreement. They are actually very helpful. Quote Link to comment Share on other sites More sharing options...
Ira Posted April 3, 2008 Report Share Posted April 3, 2008 Most contracts contain a clause like 'any other reasonable task as required'. What reasonable is depends upon what your job is. If you are employed as an accountant then 'reasonable' might include opening the mail when the receptionist is away because it is directly related to your normal job, but 'reasonable' wouldn't include unblocking the toilet - they'd have to call a plumber. All the contracts I've seen said, "Other tasks as required." Which according to the letter means they can basically make you do anything you want. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 means they can basically make you do anything you want. You want or They want? Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 I did have a look at the Labour Dept website, but its not really my feild, if I have any more problems I wont hesitate to call. Quote Link to comment Share on other sites More sharing options...
Ira Posted April 3, 2008 Report Share Posted April 3, 2008 Oops, yes, anything THEY want. Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 No they can't - anything still has to be both legal and reasonable. You can't contract out of a statutory requirement, so even if both you and your employer agreed that it meant that they could make you do anything, it would still be illegal and unenforcable. Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Will remeber to watch out for "Other tasks as required" in any future contract. Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 Better to just watch out for a good employer, then go and work for them Quote Link to comment Share on other sites More sharing options...
danilada Posted April 3, 2008 Author Report Share Posted April 3, 2008 Better to just watch out for a good employer, then go and work for them The Bait hides the Hook You don't always no what is under-neath :-? Quote Link to comment Share on other sites More sharing options...
Barrie Posted April 3, 2008 Report Share Posted April 3, 2008 Danilada If in doupt phone the Dpt of Labour up as that way you can get the answers to your questions and where you have doupt, you can ask again. I often phone them to clearify thing to make sure that what Im doing is correct. Remember that 90% of employers realise that the main asset is their staff however most employees think that their employer is their worst enemy. Good luck Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted April 3, 2008 Report Share Posted April 3, 2008 Danilada If in doupt phone the Dpt of Labour up as that way you can get the answers to your questions and where you have doupt, you can ask again. I often phone them to clearify thing to make sure that what Im doing is correct. Remember that 90% of employers realise that the main asset is their staff however most employees think that their employer is their worst enemy. Good luck See, there are good ones out there... you just have to look Quote Link to comment Share on other sites More sharing options...
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