VIC Job offer withdrawn after contact signed

[PeterPP]

Hi all,

I received full time, 12 months fixed contact job offer 2 weeks ago and handed in my resignation the following on the following Monday.
Signed a letter of offer and completed the Australian Criminal History Check which was completed and passed through.

Submitted my references last week and supposed to be starting on this coming Monday, I get a call to say today that they have withdrawn my offer.

They advised me that a reference that was provided didn't meet the criteria or expectations for the role however, they have already accepted me for the role and this was communicated verbally and via email.

They also have offered me compensation for 2 weeks of work.

What can I do in this position?

Thanks

 

[Rod]

First thing is see if you can get your old job back.

After you know one way or another post back here. If they gave you an unconditional contract then they will be liable for more than 2 weeks if you can't get your job back.

 

[Rod]

Would likely count as unfair dismissal and could get up to 6 months salary. But wait till you find out about your old job as it is more important to have a job than try your luck at the FWC/court.

 

[PeterPP]

What if it was an enterprise agreement contact?

Will post back after I speak to my old company.

 

[Rod]

Contract / EA / award doesn't matter. The terms will be what is important but job first as you've acknowledged.

 

[PeterPP]

Been trying to contact the new company all day, they finally replied with an email stating the results of the reference checks were not trustworthly and the addtional ref I provided wasn't to their liking.

They also suggested they contacted me at the earliest opportunity (yesterday). Have emailed them asking to provide additional refs but have declined me.

They acknowledge that I am to start this coming Monday and prepared to make a payment for 2 weeks of notice.

Is there anything I can do going forward?

 

[PeterPP]

Forgot to add - I spoke to my old company and they confirmed it was too late and resignation has already been processed.

 

[Rod]

OK. You have 21 days from their first notification to lodge a case at the FWC for unfair dismissal/general protection. Go in seeking 6 months wages and negotiate from there.

 

[Rod]

Probably best to see a lawyer, another claim at the FWC is compensation for a breach of the general protections involving a dismissal.

 

[Roxanna]

Hi all,

I received full time, 12 months fixed contact job offer 2 weeks ago and handed in my resignation the following on the following Monday.
Signed a letter of offer and completed the Australian Criminal History Check which was completed and passed through.

Submitted my references last week and supposed to be starting on this coming Monday, I get a call to say today that they have withdrawn my offer.

They advised me that a reference that was provided didn't meet the criteria or expectations for the role however, they have already accepted me for the role and this was communicated verbally and via email.

They also have offered me compensation for 2 weeks of work.

What can I do in this position?

Thanks

Provide that you aren’t working in Western Australia and under state agreement, then you can’t n make a claim for unfair dismissal as you haven’t worked with your employer for the qualifying period (12 months for a small business and 6 months for a large business of > 15 employees).

Your avenue could be to make a general protections claim but this would likely only be successful if you were ‘terminated’ as a result of exercising a workplace right or on discriminatory grounds. This doesn’t appear to be the case. Have you got a criminal record?