QLD Adding new complaints after conciliation for court application

[Rod]

Yes, though are you applying through the Federal Court, or FCCA, or making a small claim (<$20k) through FCCA?

Unless there are some complex issues or novel question of law to be answered, chances are the FCA will refer the matter to the FCCA.

 

[Poidah]

are you applying through the Federal Court, or FCCA, or making a small claim (<$20k) through FCCA?

I am not sure which court is appropriate.
The current FWC claim is for over $20K, 3 months salary. I do not think there are new points of law but whether it is complex enough for FCCA, it is hard to know.

Just received employer's hostile response as a Form F8A from their national industry association. It seems that two additional general protection work complaints (medical appointments and insistence on unpaid after hours work) that speaks to the employer's decision making processes have come into play and will be added to the court application.

 

[Jenny453]

Hi

How did this end up going or what stage is at.

I am at the concilliation process but if it went to FCC and I was arguing the breaches is it right to say that all I need to do is convince the court there is a question of law for the allegation/s to be considered?

If that makes sense? Not a lawyer.

 

[Poidah]

Have a look at the FCC application, it is not as complex as you think. You can add new complaints if you have a good reason.

 

[Jenny453]

Yes, thankyou.

Did you ask for discovery in your application?

 

[Poidah]

They will have to reply as part of the initial FCC application which is part of discovery. Unfortunately you will struggle to get subpoenas for discovery, you need to have all the evidence beforehand if you can

 

[Jenny453]

What makes you say that?

 

[Jenny453]

I have the F8A response they just try and bully you. Full of s**t

 

[Jenny453]

I have the F8A response they just try and bully you. Full of s**t

Suddenly I have performance issues, they don't have a paper trail for that cos there were any. If companies use that they should have to supply a formal performance management doc issued to the employee.