VIC Any Help After Unfair Dismissal?

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Sammie1

Active Member
24 August 2016
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Hi

Last week, on the first day back from our Christmas break, I was dismissed on the spot with the reason being 'restructuring'. The company has under 15 employees, so I received my owing leave and notice in lieu but no redundancy.

The role I had in the organisation was integral and nobody else has ever done the role. They also terminated my son in the same 5-minute meeting. Neither of us have ever received warnings in our time there and (11 years and 6.5 years respectively).

I was also on workcover (working full time but living on cortisone injections whilst awaiting surgery for a workplace injury I sustained 16 months ago). We were both under an industry award at the time of our unfair dismissal.

Any help would be really appreciated as we're both still shell-shocked.

Thanks :)
 

Rod

Lawyer
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27 May 2014
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Get some legal advice asap. You have a ticking clock counting down from last week. You have 21 days from date of termination if you want to lodge a claim for unfair dismissal.

Not sure you have an unfair dismissal claim but it needs checking out. Lack of redundancy payout doesn't sound right for you, not sure about your son, but there's no immediate hurry on these issues.

Workcover is a complication a lawyer can help with. Don't expect answer straight away from the lawyer, he may have to spend time checking agreements and awards and workcover history.
 
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Sammie1

Active Member
24 August 2016
6
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31
Thanks... I am filling out the unfair dismissal forms at present but want to make sure I 'cross all the T's' - the 21 days is passing by quickly.

And sadly they have covered themselves with redundancy because there are under 15 employees.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
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www.hutchinsonlegal.com.au
Note that some small businesses still need to make redundancy payouts. But a lawyer can check this out for your circumstances.
 

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
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Sydney
lawtap.com
Hi Sammie1

Our firm offers free initial consultations if you would like to contact us.

My questions are :

1. What industry are you in and what Award are you under?

2. Have you been on WorkCover for 16 months?

3. Did the business have a business downturn or what was the issue? Was there operational changes (changes to the way staff were now going to be completing work and the numbers of staff)?

4. Were you consulted about it?

5. Has your position or your son's position been filled by someone else? Was it advertised?
 
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Sammie1

Active Member
24 August 2016
6
0
31
Hi Sammie1

Our firm offers free initial consultations if you would like to contact us.

My questions are :

1. What industry are you in and what Award are you under?

2. Have you been on WorkCover for 16 months?

3. Did the business have a business downturn or what was the issue? Was there operational changes (changes to the way staff were now going to be completing work and the numbers of staff)?

4. Were you consulted about it?

5. Has your position or your son's position been filled by someone else? Was it advertised?

Hi Matthew
Thank you for your reply. I will be checking out your link tomorrow but in the meantime my answers to your questions are:

1. Award = Labour Market Assistance Industry Award 2010

2. My Workcover claim began in late 2015 when my work first sent in the form for the workplace injury. Since then I have had ongoing treatment being ultrasounds, cortisone injections and non-stop painkillers. I have been on the wait list for Physio since July 2016. I have also been told by doctors that surgery is inevitable as the injury won't fix itself. The business has been aware of my progress and future surgery prospects.

3. The business has claimed restructuring as the reason. We were 2 of 3 admin staff and no other staff members carried out our job roles. The funding has not decreased from last year, in fact this year is looking better financially. Now the business has 1 admin staff member and the ex manager who returned after our dismissal.

4. We weren't consulted about any changes whatsoever. We were simply handed our termination notices - effective immediately.

5. At this stage I have no idea if the positions have been filled by someone else as they are being very 'discreet' about everything - however, there is no way the manager and remaining admin staff member could carry out all the roles.

As you can imagine - we are both a little shocked.