VIC Dismissed for Downsizing Company - Sign Contract?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Yenny

Member
14 March 2015
1
0
1
I was terminated after 1 month of employment by a global company claiming they needed to reduce the size of their team in Australia after I left my stable 2 year job for them.
I was doing very well for 1 month as in this time I acquired many potential clients for them...
They also claimed that their accountant was on holiday for the whole month I was there so a legal employment contract was not made until after I was terminated and now they want me to sign one?

Do I have any options under employment law?

Thanks
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
I was terminated after 1 month of employment by a global company claiming they needed to reduce the size of their team in Australia after I left my stable 2 year job for them.
I was doing very well for 1 month as in this time I acquired many potential clients for them...
They also claimed that their accountant was on holiday for the whole month I was there so a legal employment contract was not made until after I was terminated and now they want me to sign one?

Do I have any options under employment law?

Thanks

Yenny,

As you have been in the job for only one month you cannot make an unfair dismissal claim.

Have they told you and gone through the process of redundancy as this us what it seems to me you are saying it is? I,e. Consultation and the job no longer being performed by anyone and have they genuinely considered redeployment options?

Also it is odd they are getting you to sign a contract now seeing hie your employment is at an end. There seems no reason fir that unless they are trying to get you to commit to something that it nay be in their interest or against yours.

There may be another real genuine reason for the employment ending. You should have something in writing. If you suspect some other reason such as some sort of discriminatory reason you may have a general protections claim. Yes I would call the FWO - Welcome to the Fair Work Ombudsman website

Paul.