NSW Unfair Dismissal Case Lodged - Can Employer Hire Someone Else?

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

buhhds

Member
28 October 2016
1
1
1
Can the employer hire someone for the same position whilst an unfair dismissal case has been lodged and a conciliation date set? Also, the employer has not responded to the application back to fair work within the 7 days..
 
  • Like
Reactions: Timothy Longmire

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
105
9
414
Sydney
lawtap.com
Legally they can. However if you obtain reinstatement as a remedy they will have to either keep the other person or terminate their employment which may give rise to a claim.

If you want me to take a look at your case I would be happy to no obligation.

Matthew
Matthew Lynch, Bondi Junction Lawyer: Book Online | LawTap