Unfair dismissal

[vectraguy01]

Hey everyone,

Just wondering if anyone here has any legal experience with unfair dismissal cases at all? E.g what can challenge and all that.

[AfterBurner]

Depends on your conditions etc.. Workplace agreement, State Award, federal Award etc etc.. You'll need to read up on the dismissal clauses to know your rights or whoever ur trying to help...

AzzA

[guy 27]

http://www.awna.com.au/industrial-relations-unfair-dismissal-melbourne.htm

1) You have 14 days to lodge a unfair dismissal claim from the day you were told your sacked or you finished up, whichever is the latter. (pre 1/7/2009 it is 21 days)

2) You have 60 days to lodge a unlawful dismissal claim on the following grounds: (if your outside the timeline as set out, you may still be able to bring a unfair or unlawful dismissal claim if you have genuine reasons for not lodging on time)

a) a person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin (some exceptions apply, such as where it's based on the inherent requirements of the job.

b) Temporary absence from work because of illness or injury

c) trade union membership or participation in trade union activities outside working hours or, with the employer's consent, during working hours, non-membership of a trade union, seeking office as, or acting as, a representative of employees

d) being absent from work during maternity leave or other parental leave

e)temporary absence from work to engage in a voluntary emergency management activity

f) filing a complaint, or participating in proceedings against an employer.

3) completed a minimum employment period of at least 6 months (or 12 months if your employer is a small business employer - fewer than 15 full-time equivalent employees) at the time of dismissal, either been: covered by an award, or covered by an agreement, or earning less than $108,300 a year.

4) Regarding unlawful dismissal claims there is no minimum period of employment or salary limit.

5) Remidies are reinstate you (give you back your job), or compensate you for up to 26 weeks pay (if this is more than $54,150, then compensate you for up to $54,150).

6) If you been made redundant, you cannot bring a claim, however if you belive it is not genuine you may still be able to bring a claim.

7) if you work from a business that employs less than 15 emplyees they can dismiss you providing they have followed a check sheet issued by the goverment, if they haven't followed it, you can bring a claim. Basically if you have received one warning, and the Employer has followed a check list they can get rid of you.

[poita]

Gman, where are you.

I know it's not your field, but you seem to know everything :p :p

[Wraith]

Hey everyone,

Just wondering if anyone here has any legal experience with unfair dismissal cases at all? E.g what can challenge and all that.

There's a law mob that are constantly advertising on the radio radio as unfair dissmissal specialist lawyers, don't know the correct spelling but it sounds like this 'McDonnell Merhue' or something like that ???

Maybe try them or google up others in this field, that'd be your best bet to get yourself sound and proper advice on what steps to take next...

Good luck with it...

[Keep'emRunning]

..good luck with this.. my fiance and her workmates haven't been paid super in over a year (yet still working with the employer), and the ATO has yet to look into it.

On the other hand, we have fulltime employees (corporate) which have 'worked' from home for the last 3 months, claiming they're unable to drive to work, and our company can't dismiss them because of some loophole in the laws. And it's up to people who turn up to perform their duties.

[mr corsa]

take it on the chin and get a new job

[gman]

Gman, where are you.

I know it's not your field, but you seem to know everything :p :p

Been working on an unfair dismissal matter.. ;)

As above, the individual situation dictates the majority of the arguments that may be used in the case, by both parties.

To establish a prima facie case, the major points are as listed above:

Who was your employer (and where do they fit in the scale of businesses)?
Why were you let go?
How long were you there?
What was you work history (warnings)?
What did your employment contract look like?

Employment law is prob one of the most convoluted sections and massively open to abuse by both employee (those home workers are prob claiming disability and therefore can't be let go due to discrimination law overlap) and employer...

[aza28]

Hey everyone,

Just wondering if anyone here has any legal experience with unfair dismissal cases at all? E.g what can challenge and all that.

Chris,

i don't have any experience in this area. i would recommend you or whomever this concerns should contact the Queensland Law Society (http://www.qls.com.au/content/lwp/wcm/connect/QLS/Home/) and ask them to direct you to a firm that specialise in unfair dismissal.

First consultation is usually free - ask if in doubt.

[vectraguy01]

Cheers everyone for their input :)