QLD Unfair Dismissal and Sketchy Business Practices

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Aslan

Member
13 May 2021
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Hi everyone, I’m fairly new to the platform.

I’ve recently been fired through a Facebook message (unprofessional, I know) and I’d like to know if I have a leg to stand on in regards to an unfair dismissal case over workplace discrimination. All in the hospitality industry.

A bit of background:

- I accepted a job listing for Full Time Management work. Worked a trial shift after attending a successful interview.

- I was currently working a part-time job in another workplace, and was asked to hand in two week’s notice by my new employer. I would take on a “casual” role in the meantime to train for the upcoming full-time work.

- It became abundantly clear that this new workplace clearly didn’t need a full-time worker, and a few days after I had finished as part-time I had a meeting in regards to switching over to my full-time contract. My new employer completely blew it off despite stating that my work performance was at peak-performance. They said I could get 14 hours a week, and I could take on other shifts in other company owned restaurants. (I raised this with fair work before I was dismissed). Was in shock and didn’t really know what to say.

- During my employment I felt that I was always treated differently than the other employees, I was the only male in a completely female run workplace. The manager was always less friendly, less willing to spend time to train me, and definitely less lenient to hear what I had to say. I was always forthcoming and respectful. I arrived early to every shift, and despite claiming I had perfect job performance I was lowered to about 8 hours a week. My manage also started to hone in on me personally and unfairly single me out when it came to work criticism, something my coworkers didn’t receive.

- Eventually she changed the roster to put me on shifts that conflicted with my two weekly shifts at another restaurant, and since I was only getting 8 hours by now despite I was performing well, I also now couldn’t accrue extra income in a secondary workplace that treated me better. I had a meeting about this with my manager where I addressed this and it’s effect on my income especially taking the promised full time position (over email and the job listing itself). I also addressed some health and safety concerns especially leakages into the dining area during rain etc.

- Although I had previously attended unpaid and unrostered (not on my work schedule) at my secondary workplace, I had talked with my manager about sending me an email in regards to meetings, or actually rostering me on for meetings. The current platform was a group chat over Facebook (which I stated I was not active on, and which I had muted because it was 80% gossip and not work related)

- A few days ago - more recently, I received a message over Facebook from my manager saying I was fired, and was not welcome to the business or the secondary workplace. That I had missed a work meeting that had been scheduled over Facebook and would presumably have been unpaid.

My main issue is I can’t understand why this is a justification/reason for me to lose not only my employment in this restaurant, but another restaurant that wasn’t this one. It was not a rostered or emailed meeting as I had politely requested, and furthermore when I finally found the single short message relating to the meeting, it was not mentioned to be paid.

I have since received a call from the secondary workplace’s GM, who was very apologetic about my loss of work and claimed that a higher-up, a close and personal friend of the first workplace’s GM, had ordered my termination of employment there too.

I’m currently going through Fair Work, Jobwatch and some other sources. Does anyone have any helpful information or sources that might assist me in this? It is clear that they never had any intention of fulfilling the full time role at all. I want to be able to salvage some of my lost income over the full-time screw over, or at least make sure that they don’t allow this to happen to other employees because I don’t think everyone would be able to cope with the treatment that I had received.