Termination of Employment Due to Not Getting Shifts

AssociatedThatKiwiFella @ McDonald's on 11/11/2019 - 10:52

Hi everyone

I am a casual shift worker at McDonalds in Victoria.

Me and my manager don’t see eye to eye, and for that reason she decided to stop rostering me. This happened last year, and as a result from being a casual, I couldn’t do anything.

I received an email today saying that due to my recent extended absence from work, they are writing to confirm my intentions to cease employment. I must respond to them by the 25th.

Is this correct practice? I will be contacting Fair Work to enquire, they just take a while to get back.

I must note; I am fully able to work if I am rostered on, and, I have not applied or taken a leave of absence, I just simply have not been rostered on.

Thank you all

Education & Work

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Comments

  • GG57 on 11/11/2019 - 11:10
    -1

    The email is a process step in the case of you abandoning your employment.
    Just respond as appropriate.

  • brad1-8tsi on 11/11/2019 - 11:13
    +11

    You stopped receiving shifts 11 months ago and haven't initiated a conversation with your team Leader, manager or HR? And you haven't got a 2nd or 3rd job?

    https://www.fairwork.gov.au/employee-entitlements/types-of-e…

    • AssociatedThatKiwiFella @ McDonald's on 11/11/2019 - 11:17

      I had initiated meetings with the manager and HR manager prior to getting no shifts, regarding the quick decline of my weekly shifts after making a complaint.

      I have the means to support myself so haven’t bothered following up as to not cause unnecessary conflict.

      Although I have the means to support myself, I believe the employer should still follow correct dismissal procedure in the event it happens

      • Cheeper on 11/11/2019 - 11:36
        +1

        What was the outcome at the meeting? Surely something has been said to you?

  • spackbace on 11/11/2019 - 11:19
    +11

    Just quit and don't look back. It's a casual job, with shit management, why would you even bother? It's not like casual fast food jobs are tough to come by once you have experience

    • AssociatedThatKiwiFella @ McDonald's on 11/11/2019 - 11:20
      -2

      Discounts and work perks, bro!

      • spackbace on 11/11/2019 - 11:22
        +8

        It's just McDonald's, your discounts and free food wouldn't amount to a lot…

      • Skramit on 11/11/2019 - 11:25

        Get a job at another maccas around the corner……..

      • tsunamisurfer on 11/11/2019 - 11:29

        So you value the employment just for the maccas discounts?

        I fully support the policy of not giving you shifts and the subsequent termination of employment by email.

      • Zachary on 12/11/2019 - 14:23

        …what discounts and work perks…..?

        • tomsco on 12/11/2019 - 14:36
          +2

          Getting to hang out with the other teenage girls.

          • Zachary on 16/11/2019 - 16:41

            @tomsco: Ah fair enough, have his own little harem…or maybe he's got the hots for one of them…or all of them…

  • Skramit on 11/11/2019 - 11:20
    +4

    I am a casual shift worker

    You're casual. That's how it works.

  • Seasoned Salt on 11/11/2019 - 11:25
    +7

    So it's taken you 11 months to follow up, rather than have a conversation with the manager and/or HR?

  • utsc on 11/11/2019 - 11:28

    In the last one year have your sent any reminders with your availability asked your manager for shifts

  • Hithere on 11/11/2019 - 11:42
    +1

    You are casual, you have virtually no rights. You can't force your employer to give you any work.

    What they've done is decided they don't want to employ you any more.

    Getting a job elsewhere is your best option.

  • pegaxs on 11/11/2019 - 11:45
    +6

    *My manager and I…

  • Ace Ventura on 11/11/2019 - 11:53
    +3

    You've had no issues with them not giving you shifts for the past year, made no attempt to rebuild bridges, negotiate or get shifts back, but now that they want to take you off the books you're crying that it's unjust?

  • Associatednxllson @ McDonald's on 11/11/2019 - 12:04
    +6

    Casual, part-time and full time are all different. One has no minimum hours, one has a minimum of 10 and the other has 38.

    You're the one at no minimum hours, your rostering manager isn't legally obliged to roster you on. The fact that you haven't been bothered to come into the store or even just call them to discuss the reason why you're not getting any shifts is just unacceptable. Ask for more hours, that's all it takes. Taking it to the FWC won't help because you're casual and your store is not breaking any law.

    I've gone weeks with one shift, and with just a single talk to my manager; I got back up to 5 a week. That's going by casual by the way.

  • Dishcloth on 11/11/2019 - 12:07
    -1

    You should return your uniform:

    https://meme.xyz/uploads/posts/t/l-42696-this-is-the-best-co…

    • tomsco on 11/11/2019 - 13:08
      +1

      OK boomer.

    • brad1-8tsi on 11/11/2019 - 13:51

      Lacks "dis custard"

  • DarthAntz on 11/11/2019 - 12:46
    +1

    Me and my manager don’t see eye to eye, and for that reason she decided to stop rostering me.

    You were replaced a day or two after this.

  • Xetrok on 11/11/2019 - 13:06

    Call the Employee Relations hotline on (02) 9875 7200 and advise them the shift manager is biased towards you and you're not getting any shifts.
    You'll start getting at-least the minimum 3 hour shift a week/fortnight.

  • John Kimble on 11/11/2019 - 13:11
    +8

    Me and my manager don’t see eye to eye, and for that reason she decided to stop rostering me

    That could be height discrimination.

    • Skramit on 11/11/2019 - 15:19

      COMPO. YASSS!

  • Donaldhump on 11/11/2019 - 13:26
    +4

    i worked at coles, when i was 16 and stopped getting shifts like 40 years ago, they never fired me or gave any correspondence, so does that mean i am still employed?

    that letter imho makes no difference, you arent getting shifts, so what diff does it make if your employed or not.

    • TheBilly on 12/11/2019 - 21:35

      You mean Franklins?

  • Typical16-bitEnjoyer on 11/11/2019 - 15:43

    Despite what others are posting here, despite being a casual employee and despite not having a shift for ~11 months you DO actually have certain rights depending on the circumstances surrounding your situation.

    The question really is, how long and far do you want to fight this? You're under one of the worst EBAs out there and against an employer with near unlimited resources to fight you out of principle. You haven't really worked there for ~11 months. Are you adamant about going back?

  • Cheeper on 11/11/2019 - 18:29

    People are assuming this may be discrimination or bias but no mention that he may not be a worthwhile employee?
    Some people are like that…
    Just showing up for work does not mean your employer should be overwhelmingly grateful if you are useless while you are there.
    We don't have the shift managers version of this saga.
    If you are a good worker then you will have no problem getting more work in the fast food industry.
    If you have an attitude or other problems then dont look to lay blame, attack the source.

    • robbyjones on 11/11/2019 - 23:00

      Work performance is irrelevant here, if work performance was an issue then there would be a procedure in place to address that. Non scheduling of shifts is not the appropriate action for poor work performance management.

  • yellowfever on 11/11/2019 - 22:46

    The management are well trained to give you the flick in the most legal way possible.
    Cut your losses (or Big Mac's) and move on.

    No need to go to FWA and waste resources and time.

    • Hedgehog on 12/11/2019 - 07:42

      Reality is if you were performing well and screaming at other staff in the McDonalds required communication method (like most McDonalds staff) your manager would have sucked it up and carried on rostering you. This is the Aussie way my friend, to starve YOU into finishing up because there is not enough work provided to you to live on. Get over it and have a great relationship with your next employer.

  • OzHunterNSW on 12/11/2019 - 10:53

    Lodge an unfair dismissal claim and sue for compensation and your job back.
    PS, go to TAFE and do an English course

    • Typical16-bitEnjoyer on 12/11/2019 - 12:43

      Lmao they haven't been dismissed. Not yet. McDonalds is inviting him/her to resign…because that's heaps easier and less risky for McDonalds than sacking them.
      PS, go to Uni and do a Law course.

      • Cheeper on 13/11/2019 - 17:13

        ???? Do a law course?
        He is a casual employee, they don't have to do a darn thing.

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