If a person takes up a new job with probation conditions attached to the job and he or she is required to read these conditions and if agreeable sign and return within 14 days but doesn't receive the letter outlining these conditions and the signature required until after he or she has already started the job and then he or she realises they don't agree with those probation conditions where does this person stand? Can he or she request that they are returned at the employers expense if the job is some distance from their original location or are they basically stuffed because they have already started work for the company?
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Thanks Fong! What actual role does fair work do?
Thanks Fong appreciate your advice :)
Sounds like good advice from The Fong. Legal standing may not mean much if it is easy for your boss to fire you during probation if you seem like trouble.
are you sure you have interpreted the conditions correctly - maybe you could ask for a clarification
what is the condition you object to anyway
The letter of probation was required to be read, signed and returned within 14 days if the conditions of probation were agreed upon. However, that actual letter was not received until after starting the job. If after reading the probation conditions they are not agreeable surely there must be some ground the employee has based upon the fact he or she was not given the letter before starting the job and then allowing he or she 14 days to be able to read, agree and sign, return or disagree and not to take up the job.
Even if there are grounds, if the employer can easily get rid of you during probation then you may win the battle but lose the war. May not be wise to start trouble during probation.
Maybe be better to be a bit more subtle during probation.
Problem with your approach Wile is, what is stopping an unscrupulous employer from doing the same again. Ie. employee begins work but does not find out his employment conditions until starting the job.
To me this would be the equivalent of applying for a housing loan, being accpeted by bank, get the money to but house and after you ove in they send you contract with intrst nd repayments.
From my lengthy experience in HR then, Fong is right - Fair Work NOW!
You can go back to your employer and ask for an explanation if you think he is a decent bloke and this is an oversight - BUT...........................
And it's usually a big BUT
Rules have changed a lot over the years. generally the probation period is a set period of time that is more on the employers side, the new set up with workplace agreements that include the probationary period gives both sides equal rights in the area of employment.
Generally speaking, the employer desires an employee on probation to follow work safety conditions by working safely at his work point, he is to agree and obey the directions of a supervirory person at all times, usually when first starting you should get some form of basic training to get you started then extra training in each stage of the employment.
One would be assesed over the probation period as to how you performed your work, and instructions issued, At the end of the probation period and for me back yonks ago it was 6 months, after which you were deemed a permanent employee and records were kept regarding how you performed.
With the way it works today, if you are put off, you must be given fair reason and on that you have rights to go before the fair works tribunal to appeal against the sacking.
I seriously doubt in this day and age that someone who is performing his work satisfactorily would be sacked for not obeying a reasonable, and therefore safe directive by the boss or workplace supervisor. Sometimes one has to eat crow for a while if you are being victimised but once again there is the worksafe rules and regulations that protect you,
Yes i think you could Monts, give it a go.
Hope things work out for you.
It really depends what the condition is that is being objected to. If it's something that is well within the normal boundaries of what the job entails, and within the relative applicable laws, there's not really much that can be done.
But if it's something that is clearly outside normal requirements - for example, all of a sudden swallowing is mandatory - then the person may have a valid case. As Fongy said - the Fair Work Ombudsman's Office can give you good advice on what the person's rights are..
I once employed a truffle butter scraper who incorrectly assumed that they got penalty rates on Sundays. Sacked immediately.
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