On the 28th June 2019 I was made redundant, the reason being that my job would no longer exist. There are also many other serious worker infringements up for discussion eg bullying (a dog poo was left on my desk) etc, and the particular position has NEVER ceased to exist, in fact a worker is still doing the same position now. Please any advice would be appreciated.
QLD Illegal Redundancy?
- Thread starter ChrissieMadeRedundant
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- redundancy
Non-genuine redundancy constitutes unfair dismissal. You only have 21 days to bring an unfair dismissal claim under the Fair Work Act. This can be extended in some circumstances, but you'll need a lawyer to consider your situation in detail. The length of time since the dismissal will be an important factor to overcome.
Thank you for your reply. It was several months before I knew that the position was still there and in November my partner had a pulmonary embolism, was in hospital for 7 weeks and came home needing oxygen and care for another 4 months. Then Covid etc etc, I am still filling a part time caring role now. Do you think those circumatances will be considered? Also would you know if there is a time limit to pursue compensation?
I can't answer that question, but this page may help you: Extension of time for lodging an application It has case examples of what was and was not successful.
If you found out less than 21 days ago the worker replaced you , you have a chance to succeed. But you must be within the new 21 day window to have a go.
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