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  1. #1
    Join Date
    Jun 2015
    Location
    Melbourne / Victoria
    Posts
    2

    Default Can my exact role/position be advertised online before I have been terminated or resigned - I had a contract of employment please advise as I'm really upset and hurt over this

    I have recently started a new full time sales assistant role and have not concluded my probationary period 11 days to go. my Manager stated performance managing me and backing me into a position in which i felt forced to resign before i was terminated. Only to leave there employee and find my job (exact role) had been posted all over the net 7days before. What a stupid girl I am. Please advise me if I have any course of recourse

    My work ethic is above standard and my customer service can not be faulted. I have a happy and attentive disposition in general and whilst I'm working and always have. I have had one girl feel intimidated by me due to my vast product knowledge and previous roles in store management.

    I have had a formal discussion and was given a first and final warning with a review set for 1 weeks time. For failing to have learnt the respect of my fellow team members and establish respectful working relationships.

    In the review the week later i was asked if i felt i had made any improvements with my relationships with the team and I said I felt i had and why with specific examples. Again it was stated that this was about my fitting into the team not my work or work ethics. I was and have been very upset about this. I have been reevaluating myself completely shattered. My manager made a vital foe par 3 times in the meeting calling it my termination review when it was a formal discussion/performance management meeting. She decided that 1 week was not enough time to gauge or judge if any improvements had been made and I agreed especially since she had only worked with me for part of 1 shift in my 38hr week.. We set the date for Tuedsay 2 weeks from now.

    The Saturday just past she remained that we were having our review at 2pm on tuesday which I said i was fine with. She then added and we will see how we go from there. I said oh please don't speak like that it sounds ominis and was working to me. she went to walk off andI asked her if the ASM who was on holidays at the time of the previous 2 meetings would be sitting in and she said no she had nothing to do with it so I said ok will it be the man who had sat in on the 2 other meetings she said no the Area Manager would be sitting in. I was on the door as a meet and greet person during the above conversation and as she walked away and i absorbed her works I was overcome with emotion and once again feared my job was not secure. I had tears welling up and i was really trying to save face and hold them back. Which I was not doing with much success. She walked back past me and I asked if i could be excused from the shop floor to gain my composure she asked if i was ok but that all.

    Yesterday the 2nd follow up review and the area manager couldn't come so she had a lady from HR sit in as her witness and support person. She started with how do i feel i have gone and i replyied positively with examples and really felt i had made progress. She said that this was not the case and that she had been told by team members that i had spoken abruptly to 1 team member and another had said i was bored with my role and i wanted the managers job - both of these comments I had no idea about or recollection of and said that in my defence. the original girl and herself and the pervious person that had sat in on our previous discussions all had feel that there was no change in my interactions with the team. This was so incorrect as I was so careful in my wording as to not cause any offence to anyone, I answered happily all request for my help promtly and in great spirits.

    We broke away so they could discuss what my fated outcome would be and I just new in my heart of hearts that my position was going to be taken from me and I was going to be jobless at the end of the conversation I had stated to HR rep. That its not about my work ethics or performance its just about me as a person and the core of the person I am. i wear my heart on my self and wouldn't hurt a fly intentionally and do look at any situation from all sides. But this was not reciprocated by these people. No duty of care extended. I sat and wrote my resignation letter and when I was called back into the office to be delivered there verdict on my job and financial security the body language and facial expressions told me 1st. the HR lady began to speak and as she did i reached into my pocket and pulled out my letter. I said i would much prefer to resign than be terminated. She read it and excepted it. My time there was concluded a weeks pay and i was told to just stay at home. I could leave now and be paid to the end of the day. I got home and reflected on all the events and time in the job and still don't feel anything i did was exit worthy i just feel like i failed as a person.

    After dinner I began to look at the job adds on the internet and found 4 SEPARATE PROVIDED LISTING MY EXACT ROLE including the departments I was accountable for. 2 ADDS WERE POSTED 7 DAYS AGO 1 WAS 6 Days AGO and the other was Posted the day before my position status was decided. I GUESS THAT MY CARDS WERE DEALT A WEEK BEFORE I WAS EVENT MADE AWARE - in hind sight why did I still try to please them and keep my job they were hiring my replacement as I was still giving it my all.

    IS THIS LEGAL thank you for your time

  2. #2
    Join Date
    Jun 2015
    Location
    Melbourne / Victoria
    Posts
    2

    Default

    Please can anyone offer me some advice

  3. #3
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    Skoob, it is legal. While it sounds like this could have been handled better by your employer, there is nothing to say a company cannot advertise a position while someone is still in that position. It's a reasonably common occurrence.

    The company may well have decided that they were going to terminate your employment before they told you. As your termination was within the probationary period I don't think there is anything you can do about this.

  4. #4
    Join Date
    Apr 2012
    Posts
    196

    Default

    Ditto Moz's response. Whilst perhaps morally not right, there is nothing 'legally' you can do about this. I'm sure you will find another employer who appreciates your values and work ethics. Sometimes that may not be enough sadly.
    Good luck with your job hunting
    Tiger

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