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QLD Unfair Dismissal Not Genuine Redundancy?

Discussion in 'Employment Law Forum' started by carlos vega, 20 March 2015.

  1. carlos vega

    carlos vega Member

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    Can anyone give me some help with this?
    I'm age 62. I would like some advice with my situation (retrenched). I had work for this company for more than 16 years ([Moderator redacted]), the work is a rotational work of 4 weeks on and 4 weeks off in PNG. On the Feb 26, I got a phone call from my boss telling me that on the 27th I will have a telephone meeting with HR in regard with my employment. On that telephone meeting I was told that my position has become redundant and I was given two weeks' notice plus another 3 weeks because I was on days off at that moment so a total of 5 weeks' redundancy notice was given. According to what was said on that meeting, I have agreed to the termination, but I ask them several times that if no one will replaced me. They both responded that nobody will take over my position as it has become redundant.

    Yesterday I have received and email from a friend in PNG, and he wrote to me saying that my position has been taken over by an other person (this person started working on Mar 18, which is the day I was suppose to go back to work). My friend said that probably my dismissal was done so the company could get some one with cheaper wages to do my job.

    I would like to know if this is a case of an unfair dismissal? (Not a genuine redundancy).

    What to do or could you please refer me to someone who can help me with this?

    If I worked for a company for 16 years continuously, how many weeks of notice should I get?
     
  2. Michael T

    Michael T Well-Known Member

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  3. Ivy

    Ivy Well-Known Member

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    Hi Carlos,
    If someone has replaced you, then this may well be an unfair dismissal rather than a redundancy. See this blog post to see if you fall under the National unfair dismissal laws. Unfair Dismissal and the Fair Work Commission - LawAnswers.com.au Blog

    If you don't fall under the Federal laws, there will be State based laws that apply to you. If you do, you have 21 days from the date of your dismissal to make an application to the Fair Work Commission. I suggest that you call them as soon as you can. What is an unfair dismissal? | The Fair Work Commission
     

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