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Workplace dismisal law

Discussion in 'The Pub' at netrider.net.au started by VTRBob, Jun 27, 2011.

  1. Hi guys , not after conjecture or its not fair comments I need something concrete so I know what and how to put my case to a solicitor once I get back to Sydney next week.

    SA owned company in NSW !

    We got a letter back in April stating how the farm had been sold and our positions should transfer over to the new owners or redundancy/termination payouts will be made etc etc

    Settlement dragged on for over two months with no further communication re ongoing employment, .. and as verbally told all is status quo , no changes , even got asked if all was good and if I was looking forward to the change over by the new management.

    Settlement was last tues 21/6 , went to work as normal on wed to be told at 10.30 "oh sorry Bob haven't you been told your position here is no longer reqd as we are outsourcing the workshop"

    With what is looking at a very small if any Pay in Lieu notice [ my contract states 4 weeks notice or pay in Lieu ]

    Can they use the original 'notice' legally as a "notice of termination"?

    I wont even mention that I moved here to take the job etc etc !

    I'll let you use discretion as to a public or PM'd reply

    Thanks Bob


     
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  3. How long had you been there?
    How big is the company? (total employees)
    Are you employed under an award or an agreement?
     
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  4. don't waste time on here for such an important thing. Google "workplace lawyers sydney" and get some proper advice.
     
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  5. ^^ Agreed. In the mean time, have a look at GEERS
     
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  6. No they can't use the April notice of change of ownership as a Notice Of Termination, but...

    Do this or similar.

    Some things to think about:
    Did they provide assistance with costs for you to move? If so does your contract mention repatriation costs if your contract if terminated?
    Does your contract have a fixed term, or mention anything other than the pay in lieu if terminated early?
    Did they receive any assistance from the governement in establishing your position? (Decentralisation allowance or similar). They may be required to repay it, which could become a negotiating point.

    BTW, sorry to hear that. Is my memory correct in telling me you haven't had a good run on employment? Perhaps you should compete for the outsourced contract to run the workshop, if it hasn't alreaddy been awarded to someone.
     
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  7. A: Not long enough to claim redundancy - a year
    B: more than 15 :)
    C: Agreement

    Yeah already sourcing Workplace lawyers in Syd
    Been to FWA :)

    Just looking at how to word it all properly so I get the most information across without the crap. When I do get to talk to a professional :)

    Thanks for the input so far though guys =D>
     
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  8. A non professional opinion.

    Your contract says 4 weeks pay - so you should be able to get that. If they try to say they gave you notice - ask for the email/letter. Unless you think they will back date and bullshit up a letter.

    As you said, redundancy is unlikely if you are there for just a year - I assume it would be just the 4 weeks in any case. I would question if you go through a solicitor if i am missing something. At most you will get 4 weeks pay, a lawyer would take a significant chunk of that I would think. Might be worth looking into representing yourself at the FWA hearing. So you get the coin not a lawyer.

    If your contract states nothing about you relocating for the job - then I doubt you have any protection under the law.
     
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  9. what this person said just get in touch with the workplace lawyers and ombudsman or whataever they are now.
     
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  10. Thanks for all your input so far guys.

    I have an interview in Syd with these guys http://www.bdlg.com.au/

    Bringing a copy of my workplace agreement
    All pre employment emails mentioning moving and housing etc
    Hrs worked [ avg 45hr weeks ]
    Copy of original 'notice' from April
    Any new correspondence I get in the next day or two.

    Definite unfair dismissal ,
    They just have to work out what I can go them for

    worst case is 6 weeks pay plus holidays owing
    Best is remainder of my contract plus relocation costs ect .
    Dont care if I get stuff all in the end , just want to stick it too em now !
     
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  11. You seem to get the hard end of the stick when it comes to dud employers.
     
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  12. Tell me about it , hire me get me to get everything up and running, then say good bye ](*,)

    But this one has left themselves wide open, and I'm going to get my revenge on em all mwahahahahahaha
     
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  13. u going back to camden way or you dont know yet?
     
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  14. Do you know what ended up happening with that interstate bunch when you were working in Syd last?
     
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  15. Last I heard it was still going through the courts, but the council did fine them and closed down the onsite living arrangements and made them open up the fire exits they closed over.
    =D>
     
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  16. awesome :D

    i hope this one has an even better result (ie, lots of money in your pocket!)

    you've not had the best run... a lot like moi
     
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  17. Agreed. It needs to be notice to you about the redundancy of your position specifically.

    If it is more than one year I believe you are entitled to some redundancy, but confirm with your lawyer.

    Where do you get the 6 weeks from? Two weeks pay plus 4 weeks notice?

    I'd keep showing up for work until I got notice in writing.
     
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