WA Investigation / dismissal

Discussion in 'Employment Law Forum' started by Monkey, 27 November 2017.

  1. Monkey

    Monkey Active Member

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    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?
     
  2. Rod

    Rod Lawyer
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    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.
     
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  3. Monkey

    Monkey Active Member

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    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?
     
  4. Rod

    Rod Lawyer
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    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.
     
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