WA Investigation / dismissal

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Monkey

Active Member
4 November 2017
6
0
31
Hello

I have received on Friday a letter from my employer announcing my dismissal.
This letter indicates my entitlements (as per contract) but also put me on paid notice while the employer is investigating on me.
One of my friend studying law said that i should not worry too much as this is a common practice used by employer to keep you away from the business and still be empowered to act against you should they discover something bad on your past work.

She also said that they must keep paying me as usual (my contract frequency is weekly) and should this fail to happen i could claim a breach of contract and grab my entitlements sooner...?
Your thoughts on that say?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,591
915
2,894
What reason did they give for your dismissal?

Were you given an opportunity to respond to their claim/s?

Did you have a support person with you?

Depending on your answers you potentially have a claim for unfair dismissal.
 

Monkey

Active Member
4 November 2017
6
0
31
What reason did they give for your dismissal?

Misconduct. i am working in IT and due to some server issues i have during two days dealt with suppliers through my personnal mailbox.


Were you given an opportunity to respond to their claim/s?

Yes and I answered in writing with evidence to support

Did you have a support person with you?
No



Depending on your answers you potentially have a claim for unfair dismissal.
Would I be in a position to breach contract for them placing me on gardening leaves while my contract do not provision that tool and/or if I remain unpaid during them?
Should I breach the contract would it waive my entitlements for dismissal?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,591
915
2,894
If your evidence is sound then you have a chance of getting an unfair dismissal. You'll need someone to look at your paperwork, and you have just 21 days from date of dismissal to apply.