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Unfair dismissal?

Discussion in 'The Pub' started by offtrack, Oct 1, 2012.

  1. Hi guys,

    I was recently fired from my job, and believe I have a strong case for unfair dismissal.

    I am weighing up whether to pursue it or not.

    Has anyone ever gone thought the process, and was the outcome? Any general feedback? It is a medium sized business, do getting the actual job back is unlikely, as I would have to work closely with the same people.

    Do you pursue x weeks income, or a set figures?

    If I pursue it, I will probably contact our mates at Maurice Blackburn, but I figure they will have a slightly bias opinion, as they will want the business, if it is a fairly straight forward case.

    Any thoughts?
  2. Victoria.

    Storage and Distribution.
  3. In that case Fairwork Aus is the first place to start. Any law firm will likely just do the same thing, but charge you money that you may not be able to get back (and if your case is solid enough you shouldn't need one).

    Never been through the process myself, but have a friend in Victoria who's going through an unfair dismissal case at the moment. They did go to a solicitor first (since money isn't an issue for them), who simply advised they lodge a complaint through Fairwork.
  4. every case is different, if you feel you have cause, go speak to the appropriate people before you do anything.
  5. Thanks for the link. Excellent information.

    Based on this line, I am not eligible, but everything else says yes. I worked there for 5 months.

    Basically, I was told I was about to face Redundancy, as the contract I was managing was about to be terminated. I was given absolute verbal assurance, I would be able to work until the last day of the contract (3 months notice)

    Two days later, I was Dismissed, on the spot, with the reason being performance related. There was never any performance review, and it has since been confirmed by the business that my performance was not the issue, and they offered to alter or re-issue the termination notice to state redundancy as the reason.

    The contract was not overly profitable, and my wage was one of the reasons. Someone else who already works there, is running the contract until its conclusions (ie, an existing wage).

    I did not have a probation period, but I believe the default period is 3 months?
  6. As far as I understand it, probation periods are now essentially meaningless - what matters is the minimum employment period that is included in the Act - the 6 month period that you refer to above, in your case.

    By saying that the dismissal was performance related, they're trying the sneaky route knowing that they are within the 6 month period.

    You may still want to speak to the Fair Work people, as there may be some defence against an employer claiming termination due to performance to avoid redundancy payments. Although I'm not sure how extensive a payout you'd get with what is quite a short employment history with that employer.