NSW Unfair Dismissal - Annual Leave

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Omgicfan

Member
20 October 2018
4
0
1
Hello,
My wife was recently let go from her cleaning job.
We had organised with a friend to go on a Boat Cruise from the 18th of December. It was booked withing a day to reserve the great deal that our friend had gotten for us.
My wife then asked for some time off (2 months notice). The time off would only account for 3 Days as the business would not operate from the 21st onward for Christmas.
Her boss said that, in a meeting they had 6 Days ago, the business would be fairly busy around that time. My wife remembers him saying that. But he also said that there would be no annual leave for that time period, this is what my wife does not recall happening.

His reason for dismissal was that my wife booked the holiday without any concern for their business, even though we said that it was just a booking, no money has been paid and it can easily be cancelled.

For that 'deliberate' act of going against what he had supposedly said he said that she is no longer needed at the company.

Just wanting to know if this is an actual case of unfair dismissal or we are just clutching at straws.

Any help is good help,
Thank you.

addition:
The coworker that my wife worked with on a daily basis quit the Friday before this interaction (1 day ago) and currently my wife cannot work alone. I'm not sure if this matters to the case, but was just thinking the boss may have used this as an excuse to dismiss her.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,193
969
2,894
Assuming all the other criteria are satisfied, it sounds like unfair dismissal to me.

How long has she worked there?
Is she casual, part-time, or full-time?
How many employees work for the employer in total?
How much notice was she given?
 

Omgicfan

Member
20 October 2018
4
0
1
She has worked there for 4 months.
She worked full time, but I think they had her on as a 'contractor'.
Apart from herself and her daily coworker, only the Boss himself goes out to jobs.
She was told today that he will pay her for the previous week and that will be it.

Thanks again.
 

Omgicfan

Member
20 October 2018
4
0
1
Assuming all the other criteria are satisfied, it sounds like unfair dismissal to me.

How long has she worked there?
Is she casual, part-time, or full-time?
How many employees work for the employer in total?
How much notice was she given?

==============================================

She has worked there for 4 months.
She worked full time, but I think they had her on as a 'contractor'.
Apart from herself and her daily coworker, only the Boss himself goes out to jobs.
She was told today that he will pay her for the previous week and that will be it.

Thanks again.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,193
969
2,894
Working only 4 months means unfair dismissal is off the table.

She may have a general protections claim, but realistically you will be unlikely to receive much even if successful. Might be better to get a good reference and if that fails then consider whether action is worth the aggravation. You will only have 21 days from date of dismissal to decide.
 

Omgicfan

Member
20 October 2018
4
0
1
Working only 4 months means unfair dismissal is off the table.

She may have a general protections claim, but realistically you will be unlikely to receive much even if successful. Might be better to get a good reference and if that fails then consider whether action is worth the aggravation. You will only have 21 days from date of dismissal to decide.

=========================

Ok thanks for your help.