VIC unfair dismissal while on workcover

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lyle Edwards

Member
17 May 2017
2
0
1
Hi there my name is Lyle

Q 1 . I defended myself at the unfair dismissal tribunal a won my case and received 10 weeks pay. Is there any other way of taking rhem to task adout the way i was dismissed.

Q 2 . Can i take individuals that wrote false and defamatory statements that were used against me in court.

A brief account of case below if you have any questions please feel free to ask.

In april of last year i was terminated from my employment over the phone for hanging up on the boss , that is what i was told by HR . My termination paperwork stated unsatisfactory work. On the day of termination i was instructed by my supervisor to F#*# off home and called a C#*# . So i spoke to another supervisor on site about what happened, as well as tried to ring and send messages to 3 higher management about this. Later that day the general manager called me ( who had received a text ) and wouldn't listen to me adout what happen that morning and continue too say that just can't walk out and go home. After informing me that nothing was going to be done about the supervisor and his actions i hang up the phone. I was fired 2 minutes later over the phone . I had never received any written warnings and nothing done about the supervisor and his actions. From the point of me starting an unfair dismissal case i went from being fired for unsatisfactory work to a violent , unsafe and a bully. I also had a supervisor wrote a statement that i would turn up to work under the influence of alcohol.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Lyle,
What do you hope to achieve? Revenge! Your best bet is to talk with an employment lawyer and see if you have a civil claim option.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I'd take the amount you received and call it quits. I'd say the 10 weeks pay is more than you would have otherwise been entitled to, so there's probably a punitive component in there already already.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
I agree 10 weeks is a reasonable payout.

FYI you cannot be defamed in court papers, it a 'legal thing' that acts as a defence to defamation. If untrue defamatory statements have been said outside of court and court papers then you may have a case for defamation; BUT you may not be able to because if you have 'settled' at the Fair Work Commission there's an excellent chance you have signed a piece of paper releasing the other party from any other legal action that can be taken by you as a result of your employment and dismissal.