QLD Employment Law - Unfair Dismissal on Walkout?

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Mich Joy

Active Member
17 December 2018
7
0
31
Okay, so if this is only about a single case of "yelling", then even if true, I don't see how that would constitue "bullying". I think they would need more than one example to justify dismissal on those grounds. Also, remember that there's always two sides to every story, and clearly that's the case here considering the boss wouldn't even listen to you.

If you end up pursuing any action in regard to unfair dismissal, then you need to assume that they will defend themselves by claiming dismissal was justified. Since there is an allegation of bullying, I would start thinking now about anything at all from the past that they might bring up to show a "pattern of behaviour". There might be some things that have happened that you consider trivial or not even relevant, but you should assume that they will bring up anything at all to support their case. So write down anything you can think of and then evaluate how to go about challenging each item you come up with.

Given that they offered "2 weeks", it appears that they definately consider the relationship terminated - but exactly how that occurred is the question. So in regard to that and whether or not it was "abandonment", it looks a bit tricky and out of my depth, so I'll leave that one in @Rod's hands.

Thank you for your reply.

I don’t think it was bullying. I think I was unfairly dismissed as I felt I had no choice but to leave as it was a volitile situation & her badgering me with the same questions I’d repeatedly responded to were going nowhere.

I have an apt with a lawyer.

Thank you!
 

Mich Joy

Active Member
17 December 2018
7
0
31
Really need a lawyer to sit down with you and go through the events in detail. It is the detail that will determine whether abandonment occured. At face value the employer can claim abandonment, and then it likely becomes your job to prove it was not.

Yes I have an apt with a lawyer. They say the same thing if it’s proven it’s not abandonment then it’s unfair dismissal.

If the employer believes I abandoned/quit my job why would they offer me money? The whole thing is actually beyond belief to me. Very unprofessional surgery so I shouldn’t be surprised really. It’s just extra disappointing that it happened a week before Christmas.