VIC Employment Law - Lawful Direction from HR?

[Lou S]

Hi Rod

Yes - agree with you completely and this seems to also be the view of my solicitor.

Latest update after F/W conference 3/2/2017:

HR manager and her solicitor at conference -

• first offer from HR manager - 2 weeks pay and all the normal letters etc when a person leaves. I'm allowed to resign.
• second offer - 5 weeks pay and all the normal letters etc when a person leaves. I'm allowed to resign.
• counter offers - 2 years pay rejected, 18 months rejected, 6 months pay and all my costs covered - rejected.
• I gave them till cob today - Friday 3/3/2017 - to accept the 6 month +.

Note - I did not expect any other outcome. The F/W rules for a general protection claim where you are still employed are limited.

• Employer is allowed to refuse participation if the F/W process
• Even if they accept, F/W role is to mediate a result acceptable to both.
• Limited in powers to determine a result (eg - prevent dismissal or to force reinstatement)
• Limited or no power to determine a level of payment or compensation
• Limited or no power to impose penalties.
• no requirement for either party to make statements under oath.
• no opportunity for cross-examination.
• No way of providing evidence that the employer lied.

Seems a bit toothless in these circumstances.

As I said before - more to come.

 

[Rod]

Seems a bit toothless in these circumstances.

It is in your situation. But mediation cuts down on the court's workload and you don't necessarily want all the costs associated with a court process and rules of evidence without legal representation. Remember many people don't have lawyers at this stage and some matters don't justify the expense. Keeps things affordable for the people who can't afford lawyers.

Assuming you don't get an acceptable response, is your lawyer's next step a letter of demand before going to court or going straight to court? You have a choice of jurisdiction for court - Vic Magistrates Court and Federal Circuit Court. Your solicitor can explain advantages/disadvantage for each. I'm not sure of the differences.