Legal issues. Please help.

BorderlineAngel
BorderlineAngel Posts: 214
edited January 11 in Chit-Chat
Is it legal for someone to be fired, if they are a casual and cannot get into work because they are in hospital?

Replies

  • djeffreys10
    djeffreys10 Posts: 2,312 Member
    Different states have different laws about why someone can be fired. And also could depend on any collective bargaining contract that may be in place.
  • VelociMama
    VelociMama Posts: 3,119 Member
    Go talk to a lawyer.
  • meshashesha2012
    meshashesha2012 Posts: 8,329 Member
    what does casual mean?

    does that mean that you're a temp or part-time?
  • jenj1313
    jenj1313 Posts: 898 Member
    Not sure what the laws are where you are (Europe somewhere?)... You can probably look it up online and might be able to get legal help that way as well.
  • CalJur
    CalJur Posts: 627 Member
    I'm an employment lawyer. I will not give you legal advice but will generally try to assist as best possible. PM me details.
  • newdaydawning79
    newdaydawning79 Posts: 1,503 Member
    Is it legal for someone to be fired, if they are a casual and cannot get into work because they are in hospital?

    If I remember correctly someone mentioned you're near Canberra and I have a friend that lives there. If that's the case then no, you'd be put on unpaid leave for the amount of time you were in hospital but they could not fire you.

    ETA: She just mentioned that's for full-time, not casual. If you're a casual you'll have to speak with your supervisor and see if you can work something out.
  • ChristineS_51
    ChristineS_51 Posts: 872 Member
    Hi
    Talk to the union that looks after your industry.

    I guess "technically" if you are not employed on a contract, then you can't be fired as such because you are casual and not under contract. That is the whole premise of being casual - no commitment either way.

    Does seem pretty crappy to fire someone who can't come in because they are in hospital tho. :frown:

    Take care
  • kdeaux1959
    kdeaux1959 Posts: 2,675 Member
    really depends on where you are at I suppose. I would think it would not be very ethical but you really need to speak with a legal expert concerning the laws governing your area.
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