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NSW Unfair Dismissal - New Manager Dismissed Me with No Proof?

Discussion in 'Employment Law Forum' started by Cherie smith, 31 August 2015.

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  1. Cherie smith

    Cherie smith Member

    31 August 2015
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    Hi I have been working for a franchise for past 7 to 8 Weeks. One manager left. When she was there, I was fine. She left and a new girl stepped in and from the start she just didn't like me. She showed me on email that someone had complained about a haircut 2 weeks after the haircut, and another complained to head office, but in the email the client said he couldn't remember the girl who cut it, so when I went into work today 31/8/15 she said she had to put me off as she can't have these complaints, but it's clearly said he didn't know who cut his hair.

    So now as hairdresser in small town, it makes it hard for me to get a job and my livelihood is at stake, but as a casual I know they can just put you off with no warning or time and for no reason, just that she doesn't like me.

    She said I did his hair on Thursday but in salon sometimes we have clients in chair that we didn't have or checked out in your name and at that time she's referring to, I was actually out on toilet break and caught up with my uncle. Is this unfair dismissal?

    Please help.
  2. AnnaLJ

    AnnaLJ Well-Known Member

    16 July 2014
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    Hi Cherie

    The requirements to access the Unfair Dismissal provisions are quite specific and would not appear to cover your situation. These include:
    • Employees have to be employed for at least 6 months before they can apply for unfair dismissal.
    • Employees working for a small business have to be employed for at least 12 months before they can apply.
    Also, casual employees generally cannot access the Unfair Dismissal provisions even if they have passed the minimum qualifying periods above (unless the casual employee has an expectation of regular hours/shifts in which case they may be deemed a full-time or part-time employee).

    If you do want to be sure and double check the options available to you, I would recommend getting in contact with the Fair Work Commission: Welcome to the Fair Work Ombudsman website

    All the best,

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