SA Firefighter
General Discussion => SA Firefighter General => Topic started by: strikeathird on March 22, 2006, 03:29:24 PM
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After a recent discussion with a fellow cfs member, I need to ask a question..
We were talking about employers, and being directly sacked as a result of attending a CFS incident / firecall / job..
(This hasn't happend however just wondering on the legalities)
I was under the impression there was some form of legislation / law that did not allow emplyers to directly sack employees due to them attending CFS incidents etc..
Can anyone back this up (if it is true) with the document ??
I thought it was brought out a year ago or so??
Any help would be greatly appreciated..
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i think the employer would be well within there rights to sack someone if there business has been affected by a late arrival for work, or not arriving for work at all...
i have never heard of any legislation or law to such effect..
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Check the new IR laws, I have heard there is a clause that protects emergency volunteers. I have not seen it so it could be gossip! :-D
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IR laws... roger that..
Now... where do i find them :P
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but honestly... if i were someones boss and they didnt rock up for work because they went to a fire call instead they wouldnt have a job anymore...
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but honestly... if i were someones boss and they didnt rock up for work because they went to a fire call instead they wouldnt have a job anymore...
You're obviously a very community minded person.... :roll:
With an attitude like that becoming the norm, no wonder we have day crew issues
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hahaha... why should a persons business suffer? people dont get paid to be elsewhere.
with my old job, if i didnt turn up then i would no longer have a job to go too... and personally i thought that was very fair.
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I am pretty sure that there is some legislation in relation to them NOT being able to sack an employee who is assisting with an emergency event.
Try some of the volunteering sites...eg Volunteer SA...I will look for you as well.
It can be easily solved with a high level of communication ie if you're going to be late...make sure you ring and speak to your boss!
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if you got sacked due to not showing up coz u were at a job that you were responded to at 2300 the night before, then its not real fair. However, if you have work at 0900 and you get a call at 0830 and you respond, then its not good to your employer.
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I think you could not sacked if a 'state of disaster' is declared and you respond within that area and timeframe.
Otherwise it is up to the employer to complain about non-attendance and non-performance at the workplace.
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I am pretty sure that there is some legislation in relation to them NOT being able to sack an employee who is assisting with an emergency event.
Try some of the volunteering sites...eg Volunteer SA...I will look for you as well.
It can be easily solved with a high level of communication ie if you're going to be late...make sure you ring and speak to your boss!
Many thanks.
I am having a little difficulty finding the relevant info.. If you have any luck, it would be greatly appreciated.
:)
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Maybe try your boss or a Union head, see what they know and how they fell about this. Hopefully your boss is in CFS. :wink:
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Its got nothing to do with me or my work mate, no quams there... I am just having a debate bout it with a mate of mine.. He thinks you can get sacked, I thought there was legislation that prevents it.
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But they might have a clue whether you can or not. Isnt there someone from the forum who got sacked cause of CFS attendance?
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I think you will find that we are only covered if it is a large fire and that members have in place some sort of agreement with the boss/work. I know of some work places that will no longer let staff goes as some CFS members where going to every call that the brigade had and so the boss said NO. It is also now the same if you work for the goverment you need to have some sort of agreement but you can't just say your going and walk out the door.
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As an employer, there was no room in any act or award that allowed for attendance to a call out with a volunteer emergency service. Basically if you left work or didn't show up at work you could have been fired / warned. However i am 90% sure that the new IR laws have a clause in there that allows for attandance of volunteers at emergencies to perform their role. I have acopy of the new IR Act and Regs but i am having trouble finding the clause, when i do i shall extract the appropriate information and post.
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Thankyou very much DEL, thats what I had also heard and was looking for.
Where did you get the regs / copy of the IR laws?
Ta.
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government website?
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Thats cool. Can't really remember. Searched, found, downloaded and saved them. 700+ pages of Act plus Regs. Try www.workchoices.gov.au.
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now theres one large downloadable sleeping pill.
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I have heard there are some issues coming now from the cyclone that hit north queensland - in the first few days people were preparing (response agencies - firies and SES) and a few employers had issues!
Once it was declared a disaster area, those problems vanished and the volunteers/retainees where protected!
However can't get anyone up that way to tell me what legislation this comes from ...... will keep searching!
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In SA volunteers are protected from anti-dismissal employment when a disaster area is 'declared'. This is part 33 of the SA Emergency Management Act 2004.
The Act can be found at http://www.ses.sa.gov.au/aboutses/aboutses/pdfs/EM%20Act%202004.pdf
During Ops Training last year, we were warned that if you respond to an incident outside of the 'declared' area or beyond the time of declaration, then you are NOT covered by the act.
Virginia floods and Eyre Peninsula fires were recent declared areas.
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Ok, so in short, unless a "Disaster" is declared, under the act, volunteers can be sacked for responding to an emergency incident.. Eg.. House fire, MVA.. etc... and are not covered by any regs when this occurs..
Jeez.. they wonder why it is hard to find vollies..
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That is correct,so you need to be fair and talk the situation over with your boss and see what they say. Keep in mind that some people have taken the issue of going to ever job way to far. Really is there any need for someone to leave work who say is 30 mins away from their brigade to attend a fixed alarm?????
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That is correct,so you need to be fair and talk the situation over with your boss and see what they say. Keep in mind that some people have taken the issue of going to ever job way to far. Really is there any need for someone to leave work who say is 30 mins away from their brigade to attend a fixed alarm?????
I agree blinky... As I have said from the start, the question was no way related to myself, I was just curious to find out.. As have heard differing opinions.
Thanks all for the help...
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I know when I worked for the state goverment (hospital) my boss put her foot down and I had to seek her permission to go and if she was not there I could not go.. It gets back to explaining the situation and having some rules in place,but I really have found that some people just go to all calls and so bosses are putting their foot down.. Time the goverment offered some help(tax cuts)....
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in addition to the state and federal laws, some organisations have deals with the unions that include clauses about emergency volunteers. I believe both Woolworths and Coles-Myer have clauses in their union agreements that say volunteer emergency workers can respond to incidents. This won't stop your boss from firing you, but it might help you get your job back, or get compensation ;)
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I'm lucky I'm in a job where I don't deal with customers and 99% of the time have vague sort of deadlines such that I can disappear early one day and so long as I make up the time at some point no one minds. My employer (a large company) also has a policy that you can claim up to 10 days per year for emergency services (paid) leave which includes CFS, SES, army reserves etc.
You are supposed to get approval beforehand but for incidents I have left work for, such as the Mt Osmond fire, I went then rang my supervisor whilst on the way and said I've gone (I also told him to tell another guy at work who lives just near the golf course there that he might like to go home and protect his house!).
My point? it's up to the employer in my opinion but there are good ones around. Although it's tough if you work for a small business cos it's costing them money if you disappear.
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That is correct,so you need to be fair and talk the situation over with your boss and see what they say. Keep in mind that some people have taken the issue of going to ever job way to far. Really is there any need for someone to leave work who say is 30 mins away from their brigade to attend a fixed alarm?????
First Thing I Do Is Explain To The Employeer What We Do & What We Protect & Attend To So They Know Without Us Coverage Is Minimal. Then I Get There Feelings On That. Then I Ask Them How They Feel If A Major Iccident Occurs Can I Go Providing That They Can Cover The Work. Eg The Virginia Floods I Called My Boss While I Was On The Way In The Truck & Let Him Know, Not So Much Asking But I Told Him That I Have Gone. But As I Said It Was Pre-Arranged. I'm Not Going To Leave Work For Every Stop Call, MVA, House Fire We Get Called To, Thats Why We Have Other Crew That Can Attend Or Default If Required But If Its A Major Iccident I Will & Can Go.
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As an example I work for EDS Australia which has a 'emergency services leave' policy. This means I can attend call-outs with prior approval of my team leader.
I have attended call-outs for major storms, flood and search during working days when we were short of crew.
This morning the pager activated for a Field Command deployment, but I advised the duty officer that I could only attend if desperate for crew. They have enough crew.
Currently I am fidgeting as all hell, but in the longer term this is better.
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LOL I Worked For EDS When The Flooding Was On, Its Good The 'Emergency Services Leave' Policy. I Worked In The CBA Team. I Have Since Moved Over To Government & Get Paid Alot Better.
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Getting paid better in governement - well done that man 8-)