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Originally Posted by ::Shocker
Lots of stuff
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Righty-ho. Let's see if we can get all that lovely narrative into a nutshell, ok?
Businesses have the right to fire people within a 90 day trial, EXCEPT for cases of discrimination, harassment, or unjustifiable disadvantage. That said, if there are cases of discrimination, harassment, or unjustifiable disadvantage, the ERA doesn't have to look at them anyway, if it considers them trivial or just a pain in the butt.
Regarding dismissal procedures, I can only go with the Stuff article that states "simple technical breaches of dismissal processes" as being the sort of "pedantic scrutiny" that will be over looked. So essentially would this indicate that the "2 verbal warnings & 1 formal written warning" process is now essentially just a courtesy and no longer required - as it's not going to be legally penalised when NOT followed?
I can see where you're coming from, but this just seems to be a whole heap of "we set the rules, you follow the rules, you may get booted out anyway if we decide you're a) not a good cultural fit for the company, or b) you don't work 12 hour days while being paid for 8, or even c) the snarky bitch of an office manager doesn't like you - and just you try pinning us for discrimination because you can't prove it. Try getting the union in to negotiate on your behalf and we won't let them. Try going to the ERA and they can refuse you because they just darn well feel like it. Thank you and have a nice day".