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VIC Dismissed for Downsizing Company - Sign Contract?

Discussion in 'Employment Law Forum' started by Yenny, 14 March 2015.

  1. Yenny

    Yenny Member

    14 March 2015
    Likes Received:
    I was terminated after 1 month of employment by a global company claiming they needed to reduce the size of their team in Australia after I left my stable 2 year job for them.
    I was doing very well for 1 month as in this time I acquired many potential clients for them...
    They also claimed that their accountant was on holiday for the whole month I was there so a legal employment contract was not made until after I was terminated and now they want me to sign one?

    Do I have any options under employment law?

  2. hlly

    hlly Well-Known Member

    12 August 2014
    Likes Received:
    You should contact the Fair Work Ombudsman
  3. Paul Cott

    Paul Cott Well-Known Member
    LawTap Verified Lawyer

    26 May 2014
    Likes Received:

    As you have been in the job for only one month you cannot make an unfair dismissal claim.

    Have they told you and gone through the process of redundancy as this us what it seems to me you are saying it is? I,e. Consultation and the job no longer being performed by anyone and have they genuinely considered redeployment options?

    Also it is odd they are getting you to sign a contract now seeing hie your employment is at an end. There seems no reason fir that unless they are trying to get you to commit to something that it nay be in their interest or against yours.

    There may be another real genuine reason for the employment ending. You should have something in writing. If you suspect some other reason such as some sort of discriminatory reason you may have a general protections claim. Yes I would call the FWO - Welcome to the Fair Work Ombudsman website


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