QLD Correct procedures in the workplace and unfair dismissal claim

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BananaJay

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29 August 2017
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Going through a bit of a doozy here, hoping for any insight into my rights as a worker from a now ex-employer in a bitter dismissal case.

a) They are claiming me sending my manager a text (SMS) on his scheduled day off informing him of an issue regarding my pay means that they did not have to respond to my request for underpayment of overtime and that I had to put it in "black and white" for them to respond to my request for underpayment

b) I was terminated on the spot. They tried to contact me two days after my dismissal to get me into discuss the matter to which I refused. They are claiming the termination process was still open and I had to go in. Is this correct?

Thanking you for any help, much appreciated
 

Rod

Lawyer
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27 May 2014
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Your post is little light on for detail,

a) They are unlikely to be correct. If texting is part of the way you normally communicate, then a txt query re: overtime will be acceptable, unless they have some written policy document you have agreed to. Doesn't happen much in small businesses.

b) Unlikely. But does depend on whether you are permanent or casual.
 
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