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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Lost my job 2 days after starting?

59 replies

mummyof2girls18 · 16/12/2018 10:43

Honestly don’t know what to feel but just
Need to get this off my chest...
I started a new job as a HR manager at an organization which literally begged me to
Choose them over another 2 job offers. It was all good the first two days and then I get a phone call the next day saying there was a restructure in the office and my job is no longer needed...I left my employment and rejected the other two offers for this role and they piss me off after the second day? I am livid and need to know if I am AIBU to demand answers and request a replacement job? Give me your opinions ladies...

OP posts:
Original poster
mummyof2girls18 · 16/12/2018 11:13

No I am actually based in Australia. We pretty much have the same employment legislations as the UK...

OP posts:
Kpo58 · 16/12/2018 11:15

Could it be considered a breach of contract if you were offered a permanent post? There is no way that 2 days is a permanent job if you weren't dismissed due to being unsuitable for the post or gross misconduct.

ShalomJackie · 16/12/2018 11:18

There can still be a claim in regular contract law just not to an employment tribunal except if it was discriminatory.

Out of interest is your name more Westernised so that may not have realised your religion?

Original poster
mummyof2girls18 · 16/12/2018 11:18

Nope, can’t be breach of contract as we have a probation clause that says that employee or employer can terminate this agreement within 6 months with 1 weeks notice. Once 6 months is completed then it would of been a breach of conduct

OP posts:
CaroloftheBalls · 16/12/2018 11:19

“As a HR manager I know there is nothing I can do legally as I did not complete probation”

Surely you mean “As a HR manager I know there is nothing I can do legally as I did not have more than two years of service?”

Passing probation doesn’t give you any rights at all.

Original poster
mummyof2girls18 · 16/12/2018 11:19

No, my name is very unique, so you can clearly tell I am not a normal westerner...even though I am second generation born Australian...

OP posts:
CaroloftheBalls · 16/12/2018 11:20

Oh, you’re not in the UK. Pretty big drip feed there. Hmm

Original poster
mummyof2girls18 · 16/12/2018 11:20

In Australia, all we need is to complete and pass our probation which is generally 3-6 months worth. We do not have a 2 year service rule...

OP posts:
Butchyrestingface · 16/12/2018 11:22

The only thing I think might of came into play is maybe discrimination as I wear the scarf?

How did the staff seem on the 2 days you were there? Did you feel they were looking askance at you/your scarf?

Soso7789 · 16/12/2018 11:22

How big is the company?

Milly848 · 16/12/2018 11:22

No idea about employment laws in Asutralia. All I know from friends is temporary contracts are common and it's easy for employers to take on and get rid of stafff very quickly.

Not sure what you can do really, but the best solution is probably to move on and find something better.

Valasca · 16/12/2018 11:24

How are you a manager if you’re the only HR person 😳. Also, as an HR manager, why are you not more aware of what your rights are and what the company rights in this situation and are asking the Internet?

That’s literally a huge part of your job responsibilities.

Kpo58 · 16/12/2018 11:28

They must of known before hiring you that there was a restructure, so why didn't they give you a temporary contract for the 2 days or hire someone from an outside agency?

biggidybon · 16/12/2018 11:38

I don't understand why a 'HR Manager' is asking a bunch of very more than likely non-HR people for HR advice Hmm. You are probably best posting in the employment part of this site rather than AIBU as other HR people more likely to see your post there. Also, surely they saw your scarf at the interview?

Original poster
mummyof2girls18 · 16/12/2018 11:39

It’s only about 100 employees and a not for profit organisation. You can be a stand alone HR manager as you are managing all the Hr aspects of the company; it’s very common actually...

I do know my rights but just wouldn’t to see if I am morally right to demand for something more...it’s more about ethics rather than legalities...I’m allowed to be confused as this is the first time I have ever been in this position, even in HR

OP posts:
HighsandLows77 · 16/12/2018 11:48

OP but how do you know it’s the scarf?

ShalomJackie · 16/12/2018 11:59

There can sti be a.contracy claim in that they made a misrepresentation to you to induce you to enter into the contract though. See a lawyer.

ForalltheSaints · 16/12/2018 12:18

Sorry to read this. If it is a company that has business in the UK, please let us know who it is, so if possible we can avoid doing business with them.

Seek legal advice as others have suggested.

newherebegentle · 16/12/2018 12:25

Contact fair work Australia- they offer free advice

newherebegentle · 16/12/2018 12:28

Also if they said restructure and role doesn't exist this is retrenchment not firing right? If they hire another HR manager, then my understanding is you do have legal grounds for wrongful termination. Again check with fair work.

DrunkOnCalpol · 16/12/2018 12:32

Can you follow up on one of your other job offers? I would probably tell a white lie and say you had the job offer withdrawn before you actually started, as otherwise they may make negative assumptions about why you were let go so quickly.
I dont know what you could go about the discrimination under Aussie law but hopefully there is something

Valasca · 16/12/2018 12:36

“morally right to demand”

If you’re an HR Manager you’d be laughing along with us at the idea of an employee having a moral right to make demands.

AntiHop · 16/12/2018 12:39

Don't let this lie OP. I know nothing about employment rights in Australia, but surely if there is a chance they have lied to get rid of you because you are Muslim, you say have a legal case? If you can afford it, make an appointment with a solicitor to find out if you have a case. I am furious on your behalf.

MsOtisRegrets · 16/12/2018 12:41

Are you really an HR manager of 100 employees? The senior team - ' pissed off to their Christmas party'? Is that how HR managers present themseves on the Internet? - don't think so.

ilovesooty · 16/12/2018 13:01

Why does that terminology (understandable in my view under the circumstances) mean the OP's claim to be an HR manager can't be true?

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