Guest Dont Shoot Da Chinamen Posted June 30, 2006 Share Posted June 30, 2006 I need help I feel that I am currently being discriminated by my race at work I have recieved written warning regarding to recieving (not sending) unwork related emails. some are offensive but are deleted upon opening. the individuals that have sent emails have not been disaplined, but I have been threatened in being terminated Please pm me if you are farmiliar with work rights and anything may be able to help my current issues Link to comment Share on other sites More sharing options...
Flightmanager Posted June 30, 2006 Share Posted June 30, 2006 Most large companies have a pretty strict code of conduct when it comes to emails being sent or received on their computers. The biggest concern is usually the risk of infection by virus , but in these days of Political Correctness receipt or transmission of anything which could be considered even slightly offensive to anyone can get you the sack. This includes but is not limited to Racial , Pornographic , Defamatory or Religious emails . Find out what your companies policy on receving emails from outside the company is . It doesnt sound like a discrimination thing to me , unless you are the only person being targeted for discipline . I would check your companies Code of Conduct for guidelines as to what you may or may not do in relation to emails . If you feel you are being unfairly treated , seek advice from your Union Rep. Ross Link to comment Share on other sites More sharing options...
Outnumbered Posted June 30, 2006 Share Posted June 30, 2006 document everything, before signing off on any written warning write a reply on the back (or underneath if room) and ask your boss to sign that. ask for a copy of the company anti discrimination policy. then go to the newsagent and buy a paper and start looking for a new job because with the new IR laws they dont need to give you any warnings if they realy want to sack you. Link to comment Share on other sites More sharing options...
Guest Dont Shoot Da Chinamen Posted July 1, 2006 Share Posted July 1, 2006 thanks guys I am currently the only person that has been issued with is warning during the discussion the individuals that have sent the inproper emails has not been issued with warnings and there has been no follow up on them sending the email to me Link to comment Share on other sites More sharing options...
Guest fishrunner Posted July 1, 2006 Share Posted July 1, 2006 G'day chinamen, At my workplace, which is reasonably large the rules are pretty simple , they are no veiwing of pornographic material, pretty much summed up by flightmanager. They also say you can't control what is sent to you and if it is offensive in any way it should be deleted immediately. The disciplanary part is you forward or send any of the material you may/will be disciplined. In your situation I would be saying receiving cannot be controlled (as long as it's not a mate/known person) only sending , hence you're employer should be looking at the instigators, not the people receiving the mail. just make sure you never send it on, best of luck with a possible sticky situation. cheers Link to comment Share on other sites More sharing options...
OWZAT Posted July 1, 2006 Share Posted July 1, 2006 (edited) G`day Fellas , China , forward the emails to Management with a footnote saying . To the Management of Joe Blogs etc, etc, Dear Sir , I am continuosly receiving racialy discriminating emails from This person , and as a result , am forwarding this to you so you may take the appropiate action required. I have no knowledge who this person is , and fear he may also be targeting other employees of this firm as well. Mate , I`m positive your company is required by law , to report this type of Threat to any employee to the authorities , regardless of Race. But one thing is for sure , do not let it continue . Yours Sincerely Chinaman Edited July 1, 2006 by OWZAT Link to comment Share on other sites More sharing options...
Guest Dont Shoot Da Chinamen Posted July 1, 2006 Share Posted July 1, 2006 thanks lads! I am thinking about sticking with the company to see if the ppl that is sending the emails to me (internal) gets in trouble, if not... i am going to disucss discrimination with the hr manager as i recieved deceplinary action when i only recieved emails and the offender was not pulled up for his actions thanks for the support!! Link to comment Share on other sites More sharing options...
Ken A Posted July 1, 2006 Share Posted July 1, 2006 Best of luck mate. The only tip I can give you is get documented evidence in hard copy. Without that there is no hope of a good result for you. Get full header info etc of e mails.......... Link to comment Share on other sites More sharing options...
trev Posted July 1, 2006 Share Posted July 1, 2006 Chinaman, You may find that the HR department will not be able to discuss if any other employees have received disciplinary action as this I am sure by law must be confidential. As others have said get a copy of your works code of conduct. Some companies also have a seperate policy for computer use. Check these out and see what they say. I would not wait to see if the senders get a disciplinary warning, I would just write a letter of complaint to your superviser and send cc it to the HR manager. What email program does your work use? Where I work all emails are completely traceable and you can print off who the sender was who the recipients were when they opened the email and when (if) they have deleted the email or forwarded it on. Cheers Trev Link to comment Share on other sites More sharing options...
harold Posted July 1, 2006 Share Posted July 1, 2006 Is it discrimination? I doubt it, sounds like a breach of a documented company policy. If you were not aware of the policy i would certainly be writing to your Managing Director. How many people in your company? Link to comment Share on other sites More sharing options...
harold Posted July 2, 2006 Share Posted July 2, 2006 I suggest you need to chat to your boss a bit about this (mind you if it is just you are you your own boss?). Link to comment Share on other sites More sharing options...
Guest Dont Shoot Da Chinamen Posted July 2, 2006 Share Posted July 2, 2006 I suggest you need to chat to your boss a bit about this (mind you if it is just you are you your own boss?). i mean just me that has been pulled up for the emails! there is about.... 300 in my department alone! just me that has been pulled up for this email crap and during my meeting with second level management and HR rep, the people sending me the emails (same level/department) has had nothing even spoken to them about he issue Link to comment Share on other sites More sharing options...
harold Posted July 3, 2006 Share Posted July 3, 2006 ok that is a different situation. You have several choices, either cop it on the chin and forget it, find another job, or discuss it with a higher authority. I still say it is most unlikely to be discrimination, if you are convinced it is, given the number of employees in your company they are at risk, so get on the phone to the Anti discrimination Board, they are sympathetic and will genuinely try to help you. Mind you this is just about equal to the "Find another job" option. All the best solving the conundrum. Link to comment Share on other sites More sharing options...
netic Posted July 3, 2006 Share Posted July 3, 2006 Sounds like your in a pretty sticky situation. But i don't think you would have a genuine case for Racial Discrimination, although it does exist it is very hard to proved unless something was said...eg...bloody our friends.... I am sure there would be a clause in the company policy saying that personal emails are not permitted and this clause will allow your employer to give you the notice legally. Being a our friends myself i have been the target of some racial comments but in al honesty in the times we are living in i think racists are very rare. As harold has said either ignore it or find another job. Hopefully this doesnt sound to straight forward but i have noticed that you do post here throughout the day like i do, meaning business hours, so i can only presume that you may be coming onto fishraider whilst working. Large companies can track what sites are visited on each remote computer so your manager might be aware that you are visiting sites when your supposed to be working. So this could have a bearing on why you were singled out aswell. Just a thought. Good luck and hopefully there is racial discrimination with your workplace. Link to comment Share on other sites More sharing options...
wettingaline Posted July 3, 2006 Share Posted July 3, 2006 I dont think it would be racial discrimination chinamen, are you the only foreign person out of the 300 people you claim to work with in your division? i think not... Sometimes team leaders and managers just like to be assholes because they can... If you kick up stink about this you will get a bad name for your self not only with your immediate management but all the way through the hirachy, and will be known as a trouble maker...i now this sounds crap but thats just the way offices work, I suggest you just cop it and move on, this sort of stuff happens to all of us in the corporate office world.... I have felt like i have been singley picked out for things before in the office and i am about as australian as they get. I would suggest you drop the whole racial grudge thing that you have with your management as it will only make things worse....either cop it like nothing happened, or move to another company that appreciate your work efforts. But assuming that it is a racial grudge is definately not the way to go....you are digging yourself a hole by thinking that. Hope things work out for you Link to comment Share on other sites More sharing options...
Guest Dont Shoot Da Chinamen Posted July 3, 2006 Share Posted July 3, 2006 thanks lads! yeah i am currently looking for a new job I decided to get over this and move on i am thinking retail (good guys) or commonwealth bank! but... commonwealth bank is offering debt recovery so... if i do get the job with commonwealth, don't blame chinamen if i have to recover amount owing from you lads! Link to comment Share on other sites More sharing options...
Guest Jewel Posted July 3, 2006 Share Posted July 3, 2006 What do you mean discrimination because of race??? You smoke, swear and bring beer to the crew at the ramp after fishing .......... Thats pretty bloody Aussie in my book mate, the bosses must just be #$%^wits. Sounds like a good reason to get off your lazy aussie arse and find a better job. Good luck with it mate. Link to comment Share on other sites More sharing options...
Little_Flatty Posted July 3, 2006 Share Posted July 3, 2006 (edited) but... commonwealth bank is offering debt recovery so... if i do get the job with commonwealth, don't blame chinamen if i have to recover amount owing from you lads! Ah well it would probably be for at least some of our site sponsors Mate all the best. Perhaps it is part of a ploy to get rid of staff without offering redundancy? I've seen it happen to people I know before...staff eventually get bullied and annoyed (all through official channels of course) until they finally get up and leave for greener pastures. Wherever you end up, make sure you get a couple of week's before you start your new job! Mike Edited July 3, 2006 by Little_Flatty Link to comment Share on other sites More sharing options...
Dezmo Posted July 3, 2006 Share Posted July 3, 2006 (edited) I have read through the above and can not see why you believe this to be a case of racial discrimination? May I ask what reasons (or even better evidence..) you have to think it is racial discrimination? My suspician, and i say this very respectfully (and without any knowledge of you personally!) is the powers to be dont like you much. Usually in companies the people who are well liked do not get disciplined very often. You will probably find company policy allows for much discretion in the handing out of official warnings. But if you were only sent material and did not forward it on, deleted it etc then you have arguable grounds to overturn the warning. As other have said, the companies email protocols and policy would be a good starting point to that end. If you do have any evidence to suggest racial discrimination then I suggest you pursue it through the NSW Anti - Discimination Board or it's federal counterpart the Equal Opporunity Commission. Believe me that if you file an application/complaint, the company will take notice and the people handing out warnings will be noticed by their bosses. The staff at the Anti-Discrimination Board are helpful and should be able to assist you with any enquiries. http://www.lawlink.nsw.gov.au/adb (Please note their are reasonably short timeframes in which you can make a complaint, so do it quickly should you intend to.) Anyway, some light reading below: Anti-Discrimination Act 1977 No 48 -------------------------------------------------------------------------------- 7 What constitutes discrimination on the ground of race (1) A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of race if, on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, the perpetrator: (a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different race or who has such a relative or associate of a different race, or Edited July 3, 2006 by Dezmo Link to comment Share on other sites More sharing options...
Guest Dont Shoot Da Chinamen Posted July 4, 2006 Share Posted July 4, 2006 hey guys... i could not say anything more! i can see why fishraider is the best fisherman site it is filled with many compassionate individuals such as yourself's from the bottom of my heart i would like to say thank you! i am currently seeking new employment in the insurance/sales industry and will let you lads know how i go with this current issue and... if any of you lads are going to the blackfish social, i will meet you there and we can have a few cold ones over some non work related conversation! once again i thanks boys Link to comment Share on other sites More sharing options...
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