QLD Unfair Dismissal Case?

[Jason Rivers]

Hello all.

So I work for a company in Central Queensland in which I was employed as a full time Sales Rep (no commision just salary. Below minimum wage) In the middle of 2016. I decided that I was going to start studying as it was made clear to me by management that there was no room for me to move up. At the start of the year I was supposed to start my study but had to defer as my manager refused to give me any time off for my course as "this job comes first" and "if the owner finds out your studying. You will loose your job" was what he said.

My manager did say that if I did continue to study that I would only be given whatever annual leave time I'm owed and that they no longer do unpaid time off as its not fair on any other employees.

For my studies I require three days off a month with two weeks in July and a month off in November/December.

I have spoken to two different fair work consultants who have advised me that's it's illegal for them to stop me from studying and that. They can't refuse my time off request should it be made in advanced, paid or unpaid time off. They have also told me that if I'm forced to resign so I can study. Then I will be able to apply for unfair dismissal with 21 days. They have also directed me to see a solicitor. I can't afford the solicitor fees here in my town. Especially when it's only a 20 minute consult.

My work place has no policy in writing in regards to annual leave.
I signed no contract when I started in 2015.

 

[Lance]

Hi Jason,
The employer has no right to tell you cant study, however if it impacts work they do have a right to say its impacting work. They do need to allow you to take leave, but they don't have to agree to 3 days off a month if it doesn't work for the company. I think you would have a hard time proving any wrong doing. Basically the employer could simply say we are trying to run a business, a couple of days off here and there are one thing but 3 days every month could be 24hrs of work a month that they need to cover. Please be aware that people I know that have been through fairwork felt that they were toothless tigers and the arbitration process can cost 10's of thousands of dollars. You might be better off looking at some different study options or different providers.

 

[Serge Gorval]

Hello all.

So I work for a company in Central Queensland in which I was employed as a full time Sales Rep (no commision just salary. Below minimum wage) In the middle of 2016. I decided that I was going to start studying as it was made clear to me by management that there was no room for me to move up. At the start of the year I was supposed to start my study but had to defer as my manager refused to give me any time off for my course as "this job comes first" and "if the owner finds out your studying. You will loose your job" was what he said.

My manager did say that if I did continue to study that I would only be given whatever annual leave time I'm owed and that they no longer do unpaid time off as its not fair on any other employees.

For my studies I require three days off a month with two weeks in July and a month off in November/December.

I have spoken to two different fair work consultants who have advised me that's it's illegal for them to stop me from studying and that. They can't refuse my time off request should it be made in advanced, paid or unpaid time off. They have also told me that if I'm forced to resign so I can study. Then I will be able to apply for unfair dismissal with 21 days. They have also directed me to see a solicitor. I can't afford the solicitor fees here in my town. Especially when it's only a 20 minute consult.

My work place has no policy in writing in regards to annual leave.
I signed no contract when I started in 2015.

HI Jason

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