Got fired today!

Geez Louise · 06-02-2008, 12:24 AM

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Today I got fired. Not because I did not do my job well but because my boss found out I am a smoker. Did not smoke in work hours and did my job to the best of my ability.

Even got praised last week for a stella job! but today he found out I smoke.

Never have I smoked on the property or near my boss or in fact before I went to work. During the interview process he never asked if I smoked so I never told him. If he asked, I would have been honest and said yes!

What right does this guy have?? He says because it is the "Food Industry" he has every right. Now... I have looked at the HACCP manual and it says nothing about smoking other than you can not smoke on the grounds or around the food prep area. (both of which I NEVER did!)

This guy is stuck in the 1950's! My question is...should I take this matter further?? I have never been fired before. This is a first and to say because I smoke not because I am not doing my job well...hey that aint right!

Does anyone know the legal stand point on this issue??

:

JG66ME · 06-02-2008, 12:28 AM

Quote:

Originally Posted by Geez Louise

:

Today I got fired. Not because I did not do my job well but because my boss found out I am a smoker. Did not smoke in work hours and did my job to the best of my ability.

Even got praised last week for a stella job! but today he found out I smoke.

Never have I smoked on the property or near my boss or in fact before I went to work. During the interview process he never asked if I smoked so I never told him. If he asked, I would have been honest and said yes!

What right does this guy have?? He says because it is the "Food Industry" he has every right. Now... I have looked at the HACCP manual and it says nothing about smoking other than you can not smoke on the grounds or around the food prep area. (both of which I NEVER did!)

This guy is stuck in the 1950's! My question is...should I take this matter further?? I have never been fired before. This is a first and to say because I smoke not because I am not doing my job well...hey that aint right!

Does anyone know the legal stand point on this issue??

:

Unfair dismissal. Should point out if he was stuck in the 1950s he would of lit your tab up for you.

You need to seek proper advice mate, good luck.

Steve

fiery · 06-02-2008, 12:31 AM

Of course you should take it further. He has can't fire you on that reason unless he is saying you smoked in the areas you are not allowed.

It sounds to me like he is just an anti smoking jerk.

Good luck with it but don't let it go by any means

paul_r_d · 06-02-2008, 12:32 AM

Coming from an ex OHS work background, he cannot fire you for this reason. Entirely unfair dismissal. I have visited MANY hotels and restuarants and I have to admit I can spot a smoker stright away due to their smell. Maybe complaints from customers? Other non-smoking staff complaining? I'd ask some work mates.
You say you never smoked during work hours... does this mean the whole day? Or did you smoke on your breaks?
Smokers generally cannot smoke with in 100m of an under cover area/buliding, and 50m in open areas.
Just ask around.

GRNKPR · 06-02-2008, 12:32 AM

i would inquire futher or give the union a call they love this stuff

was there any written contracts or warnings given ??????

good luck !!!

Geez Louise · 06-02-2008, 12:34 AM

Quote:

Originally Posted by paul_r_d

Coming from an ex OHS work background, he cannot fire you for this reason. Entirely unfair dismissal. I have visited MANY hotels and restuarants and I have to admit I can spot a smoker stright away due to their smell. Maybe complaints from customers? Other non-smoking staff complaining? I'd ask some work mates.
You say you never smoked during work hours... does this mean the whole day? Or did you smoke on your breaks?
Smokers generally cannot smoke with in 100m of an under cover area/buliding, and 50m in open areas.
Just ask around.

Never smoked between when I got up to when I got home at 6pm...then smoked like a chimney!!

And by the way...I smell lovely!!

Geez Louise · 06-02-2008, 12:36 AM

Quote:

Originally Posted by GRNKPR

i would inquire futher or give the union a call they love this stuff

was there any written contracts or warnings given ??????

good luck !!!

No warning....not in the Union...being General Manager...was not part of the union...wish I was now!!

paul_r_d · 06-02-2008, 12:36 AM

Then I'd tell the moron you had quit months ago, and he wouldnt know any better.

JG66ME · 06-02-2008, 12:37 AM

Quote:

Originally Posted by Geez Louise

Never smoked between when I got up to when I got home at 6pm...then smoked like a chimney!!

And by the way...I smell lovely!!

At least he didnt take away your humour. The .

Geez Louise · 06-02-2008, 12:40 AM

Quote:

Originally Posted by JG66ME

At least he didnt take away your humour. The .

Nah...that is buried so deep...life is for fun! Laugh while you can ....thats what I say!

The other issue is...I am on crutches due to DVT and a brain tumour. Was honest about my health issues when I first started but now I think because it is getting worse he was looking for an easy way out...but Firing me for being a smoker....that aint right as I said in my first rant!

jd dad · 06-02-2008, 12:43 AM

He wouldnt have a leg to stand on, I work in the food industry and the only way he could fire you would be if he caught you smoking in a prohibited area, even then you would probably be subject to warnings first. Go see a legal eagle, first consult is usually free so nothing to lose by asking.

FlipXW · 06-02-2008, 12:43 AM

Yes definetly take it up futher. I dont see his right to do that. Last season i worked at NRL games in the private kitchen for the corporate boxes. The chefs there would go out for a smoke every hour. then come straight back in. And as you said, you never even smoked during working hours, its bullsh!t.

P.S. Glad to see you have kept your sense of humour

.

Edit: I am so very sorry to hear about ur illness. I hope all will be ok for you. my prayers are with you.

RSgerry · 06-02-2008, 12:44 AM

This sounds like unfair dismissal. Your state will have a tribunal that will address this. I am sorry, but I dont know the name of the help line to call, but I am sure that there are plenty of people here who can help. Dont let it go. Even if you find work quickly, chase this fool and make him pay. There is no need to be such a d!ck and a nice big fine should do him the world of good.

GCFordChic · 06-02-2008, 12:48 AM

Certainly follow this up!

Smoking is legal and if, as you said, you never smoked at work, you cannot be fired for doing something perfectly legal in your private time just because he has a problem with it.

I think you are on the right track by saying it seems like he was searching for an easy out, but it seems it would have been more logical to say he was firing you because you are physically unable to do the job required of you (which also sound like bulls..).

Which state are you in?

fmc351 · 06-02-2008, 12:48 AM

Quote:

Originally Posted by Geez Louise

The other issue is...I am on crutches due to DVT and a brain tumour. Was honest about my health issues when I first started but now I think because it is getting worse he was looking for an easy way out...but Firing me for being a smoker....that aint right as I said in my first rant!

And there it is...

No no, youre being too sensitive, its clearly just the smoking. Just ask the tooth fairy.

Geez Louise · 06-02-2008, 12:51 AM

Oh I am not that heartbroken...within 30mins of being fired got offered another job...Just dont want to let this one slip being so personal and all.

I start a new job Monday...and yes... they know my illness and know I smoke but this guy deserves what is coming!!

Geez Louise · 06-02-2008, 12:53 AM

Quote:

Originally Posted by fmc351

And there it is...

No no, youre being too sensitive, its clearly just the smoking. Just ask the tooth fairy.

That is a tad bit harsh..I have been honest and open about my condition and never viewed it as an illness.

I do my job and I do it well!!

Not everyone has a perfect life ya know!! We deal with what we have been given,,,tooth fairy my ar5e ... cheap skate gave me $1 for a back tooth...

OLDFORDNUT · 06-02-2008, 12:55 AM

Quote:

Originally Posted by paul_r_d

Coming from an ex OHS work background, he cannot fire you for this reason. Entirely unfair dismissal. I have visited MANY hotels and restuarants and I have to admit I can spot a smoker stright away due to their smell. Maybe complaints from customers? Other non-smoking staff complaining? I'd ask some work mates.
You say you never smoked during work hours... does this mean the whole day? Or did you smoke on your breaks?
Smokers generally cannot smoke with in 100m of an under cover area/buliding, and 50m in open areas.
Just ask around.

where on earth did you get those distances from,
try 4 metres to 6 metres

schnoods · 06-02-2008, 01:01 AM

unfair dismissal without a doubt, though maybe a sign to kick the habit?

Geez Louise · 06-02-2008, 01:03 AM

Quote:

Originally Posted by GCFordChic

Which state are you in?

Victoria...but mostly vertical...

XCSEDAN · 06-02-2008, 01:13 AM

Quote:

Originally Posted by Geez Louise

Victoria...but mostly vertical...

thats a ****a, lucky man/woman you have!!! (depending on which sex you prefer hahaha)

Geez Louise · 06-02-2008, 01:18 AM

Quote:

Originally Posted by XCSEDAN

thats a ****a, lucky man/woman you have!!! (depending on which sex you prefer hahaha)

Both...no lets not be sexist!!!...I am a woman though!

In all seriousness...being a smoker can not get you fired. If you are Bisexual...or whatever...you can not get fired for that! So why fire someone because they smoke out of hours?? My former boss gave me a letter stating that was the reason for my retrentment!!

I was smart enough to get that in writing!!!

FlipXW · 06-02-2008, 01:19 AM

Good work, take him to the cleaners i say.

GCFordChic · 06-02-2008, 01:24 AM

Quote:

Originally Posted by Geez Louise

Victoria...but mostly vertical...

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Just a couple of places for more info...
http://www.vic.gov.au/sl/09527-Victo...dismissal.html

This was before the fed gov workplace laws changed, but still some helpful stuff,
http://www.vic.gov.au/sl/09527-Victo...dismissal.html

Interesting info on this site:
http://www.awna.com.au/

Think about what you want to come from taking this further. Obviously not re-instatement, but what sort of compensation? You found a job straight away so I can't imagine there would be substantial financial loss.

Just a thought, the 'system' (tribunals/courts/bureaucracy) generally don't like 'point-makers' and although I agree this was wrong and unjust, it will take time and potentially some money to go through the process. Consider if you are willing to put the energy into it and exactly what you want from it or whether you want to let karma take its own course and move on into your (hopefully) great new job.

GONGRATS on the new job! You must be great to be offered a new job so quickly, it seems this guy is the idiot for letting you go!

XCSEDAN · 06-02-2008, 01:30 AM

Quote:

Originally Posted by Geez Louise

Both...no lets not be sexist!!!...I am a woman though!

hahaha i know you are a woman Louise

great sense of humour you have
but yes that is crap i dont think they can fire you for that, not within their rights.

dont meen to be rude but is your condition getting worse? PM me if you would rather

Geez Louise · 06-02-2008, 01:33 AM

Quote:

Originally Posted by GCFordChic

:

Just a couple of places for more info...
http://www.vic.gov.au/sl/09527-Victo...dismissal.html

This was before the fed gov workplace laws changed, but still some helpful stuff,
http://www.vic.gov.au/sl/09527-Victo...dismissal.html

Interesting info on this site:
http://www.awna.com.au/

Think about what you want to come from taking this further. Obviously not re-instatement, but what sort of compensation? You found a job straight away so I can't imagine there would be substantial financial loss.

Just a thought, the 'system' (tribunals/courts/bureaucracy) generally don't like 'point-makers' and although I agree this was wrong and unjust, it will take time and potentially some money to go through the process. Consider if you are willing to put the energy into it and exactly what you want from it or whether you want to let karma take its own course and move on into your (hopefully) great new job.

GONGRATS on the new job! You must be great to be offered a new job so quickly, it seems this guy is the idiot for letting you go!

Thanks for the info...I am good at what I do and was constantly getting job offers even when working for this jerk!!

I am honest and give everyone a full update on my condition. I would not want to employe someone if I did not know their full history. As a buddist...the karmic bus is making it's way I am sure.

Thanks for the advice GCFordChic. I appreciate it!

Geez Louise · 06-02-2008, 01:43 AM

Quote:

Originally Posted by XCSEDAN

hahaha i know you are a woman Louise

great sense of humour you have
but yes that is crap i dont think they can fire you for that, not within their rights.

dont meen to be rude but is your condition getting worse? PM me if you would rather

Would rather...PM sent

fmc351 · 06-02-2008, 02:10 AM

Quote:

Originally Posted by Geez Louise

That is a tad bit harsh..I have been honest and open about my condition and never viewed it as an illness.

I do my job and I do it well!!

Not everyone has a perfect life ya know!! We deal with what we have been given,,,tooth fairy my ar5e ... cheap skate gave me $1 for a back tooth...

Ummm, you read it wrong or I typed it wrong. I was agreeing with you.

Geez Louise · 06-02-2008, 02:15 AM

Quote:

Originally Posted by fmc351

Ummm, you read it wrong or I typed it wrong. I was agreeing with you.

No harm...no foul my friend..thanks for your comment!

:

Bearman · 06-02-2008, 07:43 AM

Holy crap!! Sacked for being a smoker?? How harsh is that!!

The karmic bus will drive right over the top of that you worked for.

May I suggest going to the current affairs shows like today tonight, a current affair etc?? They'd lap it up. Publicly name and shame this tool.

Great news about the new job by the way, I'm sure your new boss will appreciate you a helluva lot more than the old one did!!

PS - Good to hear the coupe lives again, see you Sunday!!