Darren16 Posted April 22, 2019 Share Posted April 22, 2019 I returned to Scotland for my fathers funeral 4 weeks ago. I returned back in Melbourne 2 weeks ago to get fired from my sponsor who says I never followed procedure. I had 2 days bereavement 1 week med cert and 10 days carers leave so I came home early with my mother to care for her here and get back to work to avoid losing my job. Is there anyone who knows if this is legal Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2019 Share Posted April 22, 2019 Did you make a formal request to use your leave before you left? Do you have an email or other evidence that your leave was approved before your departure? Quote Link to comment Share on other sites More sharing options...
Darren16 Posted April 22, 2019 Author Share Posted April 22, 2019 My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5 Quote Link to comment Share on other sites More sharing options...
ali Posted April 22, 2019 Share Posted April 22, 2019 23 minutes ago, Darren16 said: My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5 Did you apply to your employer for the leave? If you didn't, I'm wondering if this is why they're saying you didn't follow procedure? I think it's terrible that they've terminated you at a time of bereavement. When my dad passed away - I took additional leave, but I spoke to my employer to arrange this time off. Quote Link to comment Share on other sites More sharing options...
Darren16 Posted April 22, 2019 Author Share Posted April 22, 2019 I had the med cert as far as I know they can't terminate employment on that alone Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2019 Share Posted April 22, 2019 (edited) 2 hours ago, Darren16 said: My leave was a medical cert then I called fair work they say I can have 10 days carers leave of which I only used 5 To be clear: You took some leave to go to the funeral. Was that compassionate leave or annual leave? Did you get approval for that before you left? Then you were sick and you got a medical certificate to cover that absence. Did you call or email your employer to notify them that you were going to be off sick, and how long for? Then you took carer's leave. Did you call your employer to notify them you needed to take that leave? Have you supplied a medical certificate or other evidence that your mother was unwell and needed care? Notice that in most companies, carer's leave is not a separate entitlement. You get sick leave which you can use EITHER for yourself OR to care for someone else. So if you took a week off sick plus 5 days carer's leave, that's your whole sick leave allowance used up. Also, how long have you been employed there - you are not entitled to the full amount of leave in your first year? Edited April 22, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
Darren16 Posted April 22, 2019 Author Share Posted April 22, 2019 Yeah everything I had done was notified from me in the UK and my wife who remained in Australia Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2019 Share Posted April 22, 2019 1 hour ago, Darren16 said: Yeah everything I had done was notified from me in the UK and my wife who remained in Australia Did you check your leave entitlement with your employer? Quote Link to comment Share on other sites More sharing options...
AJ Posted April 22, 2019 Share Posted April 22, 2019 You say you were fired by your sponsor - is your visa position ok? Quote Link to comment Share on other sites More sharing options...
Darren16 Posted April 22, 2019 Author Share Posted April 22, 2019 For now my visa position is fine yeah Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 22, 2019 Share Posted April 22, 2019 5 hours ago, Darren16 said: For now my visa position is fine yeah I would say that is far from certain. I would recommend you speak to a registered migration agent ASAP. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2019 Share Posted April 22, 2019 I suggest you contact your employer again and ask them to explain exactly HOW you failed to follow procedure. You are entitled to know. Like I said, sick leave and carer's leave must BOTH be supported by medical evidence (for you or the person you're caring for). Also, carer's leave is not a separate entitlement - it comes out of your sick leave. Had you taken any sick leave already this year? And how long have you been in the job (you are only entitled to pro rata leave in the first year). I don't know of any employer-sponsored visa where your sponsor can fire you and it doesn't matter. Are you sure? Quote Link to comment Share on other sites More sharing options...
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