by regrets  30/12/2018  1 Comments  109 Page Views
Employment law, compensation law
Greetings all,

I have worked at a minesite for the previous two and a half years in the supply department. On this mine, there are two separate sites which are overseen by their respective bosses. Previously, I worked at one site and was overseen by Boss 1. I have since transferred to the other site which is overseen by a different boss and department.
In my previous role, I was tasked with operating heavy machinery and underground driving in a flatbed truck. Also, I would assist at the other site when needed. This assistance increased as a contractor took over the site and they failed to hire people in the department I work in. I was also asked to take on more responsibility when my immediate manager became sick and took more days off than I thought was totally appropriate. In this, my main body of work suffered as I was attempting to fulfil various duties and roles that were expected of me. There were times when I was the only person of my department on site for a full twelve-hour shift where there should’ve been three. Unfortunately, I failed at a task which slowed down mining and I was heavily reprimanded by Boss 1 for my failure. My reason for failing the task was that I was split between the two sites, trying to do more than my fair share and not having a full and trained crew. That was deemed to be an ‘unworthy excuse’ because I had a new starter in my crew, yet Boss 1 refused to agree that the person wasn’t trained to a competent level and still needed my assistance.

Recently, a position became available that I know I could easily do and have the experience to back up my claim. I talked to my immediate manager as well as the department head and received their blessings, including some encouragement. I let it be known to the various bosses at the site that oversaw the position and they all agreed I would be a good fit. I emailed Boss 1 about my desire for the position stating my experience, relevant tickets and licences. I received an email back stating that it would be going to someone trained or an entry level person who was performing. Pretty much a ‘thanks but no thanks’ letter.

I fear that while I was attempting to do three peoples work during the year the contractor was on as well as when they left has hurt my reputation on this site but no one else seems to have a problem with me apart from Boss 1. I have even asked trusted colleagues to be brutally honest with me and all they have come up with is that I can be a know-it-all and slightly arrogant. I agree with that as I do enjoy being right, but I can also admit when I am wrong, and I like to learn from my mistakes.

I guess my questions are as follows:
1.     Do I have any recourse to find out why I was turned down for the job?
2.     Should I be talking to my union representative about this?
3.     Would it be classed as discrimination or bullying?

Any comment, information or advice is completely welcome. Even if that advice is to tell me I am wrong.

Thank you for reading and I eagerly await your advice and answers.