An employee really wanted to make an unfair dismissal case against us. We are a small business and she had been employed for less than 12 months so she was unable. Despite the UD claim lodged out of time Fairwork kindly suggested she look into general protections as the small business code didnt apply. She was pregnant at the time of her dismissal - obviously her pregnancy had nothing to do with her dismissal)
She would then go on to lodge a GP claim also out of time.
We chose not to settle at any time as we new it was rubbish. A year later she is still trying to go through small claims in the magistrates court. They have never mentioned any general protection violation and have even stated on record that the case is about the unfair dismissal - so can I sue because they have put us through this GP claim just because their UD claim was jurisdictional barred.
She would then go on to lodge a GP claim also out of time.
We chose not to settle at any time as we new it was rubbish. A year later she is still trying to go through small claims in the magistrates court. They have never mentioned any general protection violation and have even stated on record that the case is about the unfair dismissal - so can I sue because they have put us through this GP claim just because their UD claim was jurisdictional barred.
