Author Topic: Leave to appear (Read 25435 times)

CaptCom · « **on:** April 03, 2006, 01:25:58 PM »

I have unfortunately been summoned to appear at the Black Tuesday Coronial.

I have mentioned to my manager on many occasions that I will be absent and am at the court's beck and call. I have no choice in the situation. I am expected to possibly be on the stand for up to 5 days.

I understand that this is a length of time that is unproductive for my employer. She cited our Emergency Response Policy in that it's only for an emergency that I can leave without penalty or have to take leave.

Does anyone think that it's reasonable/unreasonable that I am now expected to take leave to appear?

Firefrog · « **Reply #1 on:** April 03, 2006, 01:32:51 PM »

I would call your regional office or state HQ today and find out your legal position. There hopefully should be some protection for those who are required by law to attend.

I will PM you some info..

Firefrog · « **Reply #2 on:** April 03, 2006, 01:37:10 PM »

Check you PM and email..

CaptCom · « **Reply #3 on:** April 03, 2006, 01:41:32 PM »

thanks Firefrog...one on the way back to you ...

CFS_Firey · « **Reply #4 on:** April 03, 2006, 01:42:54 PM »

out of curiosity, is this still a CFS issue? Wouldn't this be the same as jury duty, or something?

CaptCom · « **Reply #5 on:** April 03, 2006, 02:04:52 PM »

Quote from: CFS_firey on April 03, 2006, 01:42:54 PM

out of curiosity, is this still a CFS issue? Wouldn't this be the same as jury duty, or something?

I would expect that it could be...it has been referred back to the coroner's aid for some assistance...

I would like to think that we aren't penalized any further than we currently are by having to take personal leave to appear...it's not like we have any choice in the appearance...which would make it like jury duty..

rescue5271 · « **Reply #6 on:** April 03, 2006, 08:34:12 PM »

Contact the VFBA as they are the one's that are there for the Volunteer members.Do you still get paid for being on the stand??? I wish you all the best be strong and tell it as you did see it on that day/night....

CaptCom · « **Reply #7 on:** April 04, 2006, 09:15:12 AM »

Quote from: rescue5271 on April 03, 2006, 08:34:12 PM

Contact the VFBA as they are the one's that are there for the Volunteer members.Do you still get paid for being on the stand??? I wish you all the best be strong and tell it as you did see it on that day/night....

Thanks Rescue...I am in constant contact with Wendy and she is doing a fantastic job...I will still be paid to be on the stand but they are trying to make me take Personal leave which is deducted from my sick leave...

The process is one that I wouldn't wish on any firefighter...it looks like I will be appearing in Adelaide so, if anyone wants to come and watch, they are most welcome. It's not a pretty sight though..

Sternzee · « **Reply #8 on:** April 04, 2006, 10:13:28 AM »

i reckon we should fill the court room with fireys, then lets see how courages they are at 2nd guessing split second decisions

best of luck bud!

strikeathird · « **Reply #9 on:** April 04, 2006, 10:24:54 AM »

Goodluck CaptCom. ~ All the best.

CaptCom · « **Reply #10 on:** April 04, 2006, 11:20:21 AM »

I will try and post the dates of when I'm appearing...they are very bad at scheduling witnesses and I don't have a current date..but am hoping that it will be sometime in May..

Would be keen to see some firies in the courtroom supporting me..

strikeathird · « **Reply #11 on:** April 04, 2006, 12:46:21 PM »

Im sure a few of us will be willing to throw on a dress uniform or alike and come for support.

PM me with the dates if/when you find out.

standpipe · « **Reply #12 on:** April 04, 2006, 12:58:30 PM »

Good luck Captcom, hope you do'nt have to spend too much time in the waiting room before appearing. Since you have to come across the Gulf for it I also hope they are putting you up well, point out to them that the Hilton is just across the Square......

CaptCom · « **Reply #13 on:** April 04, 2006, 01:32:12 PM »

thanks guys, it all helps to know that I have a huge support group behind me..even though I will be out of my own territory..

the coroner's court is apparently on Carrington St...near King William...don't know if that's anywhere near the Hilton...but they will definitely have to be paying for the whole holiday..

the waiting will be the killer (as if it hasn't already!) I was due to appear on 15th Dec...last year..hopefully, when they get me over there it won't result in too much more waiting...might pack my golf clubs..

strikeathird · « **Reply #14 on:** April 04, 2006, 02:40:52 PM »

102 King William rings a bell ...

Like I said, pm me when u know times etc etc.. ..

rescue5271 · « **Reply #15 on:** April 04, 2006, 06:19:04 PM »

Why has the case been moved to the big smoke?

yep let me know if I can pop in I will

probie_boy · « **Reply #16 on:** April 04, 2006, 08:40:13 PM »

yeah i thought it was being held in the port lincoln footy club?

CaptCom · « **Reply #17 on:** April 05, 2006, 09:25:14 AM »

Quote from: rescue5271 on April 04, 2006, 06:19:04 PM

Why has the case been moved to the big smoke? yep let me know if I can pop in I will

The inquest is being moved back to Adelaide basically because the lawyers (and the coroner) are sick of being over here...the coronial has already gone 2x as long as it was proposed...and if it's finished by Sept/Oct it will be surprising.

It's currently being held in PL Racecourse convention centre, so at times it has to be vacated to accommodate race meetings. I have heard that it's costing $400k/wk for it to be here...not sure if that's true but I would expect at least $200k...

probie_boy · « **Reply #18 on:** April 05, 2006, 09:31:49 AM »

thats how much one hot day can cost. Good luck captcom!

CaptCom · « **Reply #19 on:** April 05, 2006, 09:43:10 AM »

Quote from: probie_boy on April 05, 2006, 09:31:49 AM

thats how much one hot day can cost. Good luck captcom!

Yeah, you're right but they've already been here for 14 weeks...= 98 days...which equals $5.6million...that would mean a few bad fires in our budget

rescue5271 · « **Reply #20 on:** April 05, 2006, 06:48:55 PM »

Well all the best and i hope they are not too hard on you...

strikeathird · « **Reply #21 on:** April 06, 2006, 11:31:06 AM »

God thats alot of money !

Think of the infrastructure and equipment that could have been purchased with that !!

CaptCom · « **Reply #22 on:** April 06, 2006, 11:52:30 AM »

Quote from: strikeathird on April 06, 2006, 11:31:06 AM

God thats alot of money !

Think of the infrastructure and equipment that could have been purchased with that !!

Yes, and what's worse is that no good will come out of the whole process...it's currently proving to be very destructive for all those involved...community, victims and CFS...it's nothing but a finger pointing exercise and with many trying to point to CFS...

Sternzee · « **Reply #23 on:** April 06, 2006, 12:24:47 PM »

finger pointing is very destructive for sure, it will be alot harder for brigades to attract and retain members if they're going too cop a rap for trying too help.

or next big fire send out those lawyers and inquirie people and tell em to put it out.

CaptCom · « **Reply #24 on:** April 06, 2006, 12:33:05 PM »

Quote from: Sternzee on April 06, 2006, 12:24:47 PM

finger pointing is very destructive for sure, it will be alot harder for brigades to attract and retain members if they're going too cop a rap for trying too help.
or next big fire send out those lawyers and inquirie people and tell em to put it out.

We have already taken a couple on a controlled burn (mind you they were our lawyers) and now they want to be vollies....

Most of it is too complex for them to understand and we are spending a lot of time trying to explain how we work to them!