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Resignation Due To Burnout
Summary
Constructive dismissal occurs when an employers conduct forces an employee to resign. In Western Australia, employees are entitled to 10 days of paid sick leave annually, accruing monthly. If youve exhausted your sick leave, consider unpaid or annual leave. Employers generally cannot dismiss employees for taking sick leave with valid medical certificates. If you suspect unfair dismissal, document all communications and medical certificates, and consider filing a complaint with the Fair Work Commission. Legal Aid Western Australia and Community Legal Centres offer free or low-cost legal advice. Contact the Law Society of Western Australia for further assistance.Full Conversation
hi, i want to resign due to burnout, stress and being denied general protections at work. i feel like this is a constructive dismissal as they are aware of mental and physicaln health status and i do not want to be under a fradulent contract. can you please tell me if i should resign now or take a day off (sick note provided)
Hi **** ****,
I'm sorry to hear about your situation. Constructive dismissal can be complex. Have you considered lodging a formal complaint with your employer or seeking advice from the Fair Work Commission? Taking a sick day with a note might provide you with some immediate relief.
Would you like more information on your rights under the Fair Work Act?
I'm sorry to hear about your situation. Constructive dismissal can be complex. Have you considered lodging a formal complaint with your employer or seeking advice from the Fair Work Commission? Taking a sick day with a note might provide you with some immediate relief.
Would you like more information on your rights under the Fair Work Act?
yes, i called FWC they said need a lawyer. i had a meeting with director and * managers with a family friend as support person for me. they denied me a right to assess an award, said i am whatever they tell me (they can choose) and that i *. hate my job due to going to fair work and *. breached privacy contract as i am friends with * former employees
Hi **** ****,
I'm sorry to hear about your situation. Based on what you've described, considering your mental and physical health status, it might be beneficial to take the day off with the sick note provided. This will give you time to seek legal advice.
For general protections and constructive dismissal, you may want to consider the following:
- **General Protections**: You have the right to be free from adverse action by your employer because you have exercised a workplace right. This includes making a complaint or inquiry in relation to your employment.
- **Constructive Dismissal**: If your employer's conduct has forced you to resign, it might be considered a constructive dismissal. This can be complex and typically requires legal advice.
Since the Fair Work Commission has recommended a lawyer, it would be prudent to seek one to guide you through this process.
If you need help finding a lawyer, you can contact the Law Society of Western Australia:
Phone: (*) * *
Website: www.lawsocietywa.asn.au
Would you like more information on how to proceed with a formal complaint or any other legal assistance?
I'm sorry to hear about your situation. Based on what you've described, considering your mental and physical health status, it might be beneficial to take the day off with the sick note provided. This will give you time to seek legal advice.
For general protections and constructive dismissal, you may want to consider the following:
- **General Protections**: You have the right to be free from adverse action by your employer because you have exercised a workplace right. This includes making a complaint or inquiry in relation to your employment.
- **Constructive Dismissal**: If your employer's conduct has forced you to resign, it might be considered a constructive dismissal. This can be complex and typically requires legal advice.
Since the Fair Work Commission has recommended a lawyer, it would be prudent to seek one to guide you through this process.
If you need help finding a lawyer, you can contact the Law Society of Western Australia:
Law Society of Western Australia
Phone: (*) * *
Website: www.lawsocietywa.asn.au
Would you like more information on how to proceed with a formal complaint or any other legal assistance?
how many sick days can i have as i already took one and its on email about why
Hi **** ****,
In Western Australia, full-time employees are typically entitled to 10 days of paid personal/carer's leave (sick leave) per year. This accrual is based on your ordinary hours of work. Part-time employees accrue leave on a pro-rata basis.
Would you like more information on how to proceed with your situation?
In Western Australia, full-time employees are typically entitled to 10 days of paid personal/carer's leave (sick leave) per year. This accrual is based on your ordinary hours of work. Part-time employees accrue leave on a pro-rata basis.
Would you like more information on how to proceed with your situation?
yes, im full time. but i started in august
Hi **** ****,
Thank you for providing that information. Since you started in August and are a full-time employee, your sick leave accrual would be proportional to the time you've worked. You would have accrued approximately *.33 days of sick leave by now (since August to October is about 3 months, accruing approximately *.833 days per month).
Would you like more information on how to proceed with a formal complaint or any other legal assistance?
Thank you for providing that information. Since you started in August and are a full-time employee, your sick leave accrual would be proportional to the time you've worked. You would have accrued approximately *.33 days of sick leave by now (since August to October is about 3 months, accruing approximately *.833 days per month).
Would you like more information on how to proceed with a formal complaint or any other legal assistance?
i already took those days
Hi **** ****,
Given that you've already taken your accrued sick leave, you might consider discussing additional leave options with your employer, such as unpaid leave or annual leave if available.
Would you like more information on how to formally address this situation with your employer or additional legal assistance?
Given that you've already taken your accrued sick leave, you might consider discussing additional leave options with your employer, such as unpaid leave or annual leave if available.
Would you like more information on how to formally address this situation with your employer or additional legal assistance?
yes
Hi **** ****,
To formally address the situation with your employer, consider the following steps:
- **Request Meeting**: Ask for a meeting with HR or management to discuss your situation.
- **Explain Concerns**: Clearly outline your health concerns and need for additional leave.
- **Document Everything**: Keep records of all communications and meetings.
- **Seek Support**: Contact the Law Society of Western Australia for legal advice.
Would you like more detailed guidance on any of these steps?
To formally address the situation with your employer, consider the following steps:
- **Request Meeting**: Ask for a meeting with HR or management to discuss your situation.
- **Explain Concerns**: Clearly outline your health concerns and need for additional leave.
- **Document Everything**: Keep records of all communications and meetings.
- **Seek Support**: Contact the Law Society of Western Australia for legal advice.
Would you like more detailed guidance on any of these steps?
im the only hr and whs person
Hi **** ****,
Given that you are the only HR and WHS person, it can be challenging to address your own situation internally. Here are some steps you might consider:
- **Request External Support**: Engage an external HR consultant or mediator to handle your case impartially.
- **Document Everything**: Continue to keep detailed records of all communications and meetings.
- **Seek Legal Advice**: Contact the Law Society of Western Australia for legal guidance.
Would you like more detailed guidance on any specific step?
Given that you are the only HR and WHS person, it can be challenging to address your own situation internally. Here are some steps you might consider:
- **Request External Support**: Engage an external HR consultant or mediator to handle your case impartially.
- **Document Everything**: Continue to keep detailed records of all communications and meetings.
- **Seek Legal Advice**: Contact the Law Society of Western Australia for legal guidance.
Would you like more detailed guidance on any specific step?
i am on * per year cant really afford
Hi **** ****,
Given your financial situation, you might consider the following options:
- **Legal Aid**: Check if you qualify for legal assistance from Legal Aid Western Australia. They provide free or low-cost legal services based on your income and situation.
- **Community Legal Centres**: These centres offer free legal advice and support. You can find one near you through the Community Legal Western Australia website.
Would you like more detailed information on how to contact these services?
Given your financial situation, you might consider the following options:
- **Legal Aid**: Check if you qualify for legal assistance from Legal Aid Western Australia. They provide free or low-cost legal services based on your income and situation.
- **Community Legal Centres**: These centres offer free legal advice and support. You can find one near you through the Community Legal Western Australia website.
Would you like more detailed information on how to contact these services?
yes
Hi **** ****,
Here are the details for accessing legal assistance:
Here are the details for accessing legal assistance:
~Legal Aid Western Australia
- **Phone**: * * *
- **Website**: www.legalaid.wa.gov.au
- **Phone**: * * *
- **Website**: www.legalaid.wa.gov.au
~Community Legal Western Australia
- **Phone**: (*) * *
- **Website**: www.communitylegalwa.org.au
Would you like more information on how to proceed with these services?
- **Phone**: (*) * *
- **Website**: www.communitylegalwa.org.au
Would you like more information on how to proceed with these services?
hi, what circumstance can employer dismiss you for taking leave (sick) provided med certs
Hi **** ****,
In Western Australia, an employer generally cannot dismiss you for taking sick leave if you have valid medical certificates. Dismissal under these circumstances could be considered unfair dismissal or adverse action. Exceptions might include:
- Exhausting your paid sick leave entitlements.
- Dismissal for reasons unrelated to taking leave (e.g., misconduct).
Would you like more information on how to address this if you feel your rights have been violated?
In Western Australia, an employer generally cannot dismiss you for taking sick leave if you have valid medical certificates. Dismissal under these circumstances could be considered unfair dismissal or adverse action. Exceptions might include:
- Exhausting your paid sick leave entitlements.
- Dismissal for reasons unrelated to taking leave (e.g., misconduct).
Would you like more information on how to address this if you feel your rights have been violated?
ye
Hi **** ****,
If you believe your rights have been violated, consider the following steps:
- **Document Everything**: Keep detailed records of all communications and medical certificates.
- **Lodge a Complaint**: File a complaint with the Fair Work Commission for unfair dismissal or adverse action.
- **Seek Legal Advice**: Contact Legal Aid Western Australia or a Community Legal Centre for support.
Would you like more information on how to lodge a complaint with the Fair Work Commission?
If you believe your rights have been violated, consider the following steps:
- **Document Everything**: Keep detailed records of all communications and medical certificates.
- **Lodge a Complaint**: File a complaint with the Fair Work Commission for unfair dismissal or adverse action.
- **Seek Legal Advice**: Contact Legal Aid Western Australia or a Community Legal Centre for support.
Would you like more information on how to lodge a complaint with the Fair Work Commission?
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