LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Dismissed Days Ago in case of Injury - Unfair Dismissal?

Discussion in 'Employment Law Forum' started by Mr Shane Weller, 16 July 2015.

  1. Mr Shane Weller

    Joined:
    16 July 2015
    Messages:
    3
    Likes Received:
    0
    I was injured October 2014 ( personal injury). I was dismissed on 1 July 2015 in case of re-injury from an injury I sustained whist employed from same company in October 2014. employed with company for 3 years. 8 full time employees and 15-20 casual staff. They have stated that due to the duties that are detramental in my position that could pose as a potential risk for re-injury.

    Do I have a case for discrimination under general law or just a general unfair dismissal.

    Cheers
     
  2. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
  3. Mr Shane Weller

    Joined:
    16 July 2015
    Messages:
    3
    Likes Received:
    0
    Thanks Tracy B

    I've tried them both, but they won't give me a dafinative answer of yes or no.
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Shane,

    The reason the Fair Work Ombudsman couldn't give you a definitive answer is because it isn't an easy situation to determine.
    Physical disability (i.e. your injury) is a protected attribute. This means that discrimination on this basis is prohibited.
    If an employee can no longer do their job due to disability then the employer is generally obligated to do everything they can to make sure that the employee is able to do either their work or a safe job. For example, they may be given other equipment to help them or they may be transferred to another area.

    However whether you have been discriminated against needs to be determined by the Fair Work Commission (FWC). By the sounds of things, this is definitely worth pursuing. As @Tracy B said, you need to lodge your application to the FWC ASAP! This is because you have 21 days to lodge your complaint from the date of dismissal.

    So call the FWC first thing on Monday and lodge your application. Contact us | The Fair Work Commission
     
    Tracy B likes this.
  5. Mr Shane Weller

    Joined:
    16 July 2015
    Messages:
    3
    Likes Received:
    0
    Thankyou Ivy,

    Thanks for your reply to my situation.

    I've contacted employee assist and got great assistance.
     

Share This Page

Loading...