NSW Use of information from testimony give under oath

[Mojo]

Hi.

I was dismissed. It was unexpected. My ex-employer won the FWC case.

However, it was testimony given under oath that revealed the true reason I was dismissed. It was clear and unambiguous, and was not about work performance.

I am looking at taking action on this, as they are not matters that were part of the case I made.

Is it permissible to use statements made under oath by a witness as a cause of action? The information has not been revealed anywhere else, but I do have ample supporting evidence. I just didn't see it as relevant.

This wasn't part of the hearing process because I didn't know I should have been defending myself from unlawful discrimination. Now that I know, my dismissal looks very different to what I thought it was.

I don't want to be seen as an unsuccessful disgruntled litigant who won't move on. However, the issue is serious, and substantiated.

Any thoughts would be appreciated.

 

[Rod]

Prima facie you cannot do this, but there may be some special circumstance that allows you to jump a fairly high hurdle.

You'd need a lawyer to review your FWC case and look at the evidence to see whether a new matter can be raised in a court.

 

[Mojo]

Thanks Rod. I'll have a look at the issues of evidence that came up as a link.

Sadly, the reality is that there are people who can't afford lawyers, as everyone knows, and this makes the path to access the legal system somewhat challenging. Legal Aid and Community legal clinics are underfunded. They are an option in theory only.

I'll continue trying to understand what happened myself. Being able to ask a question or two here is very helpful.

 

[Rod]

Most community legal centres don't provide employment advice, and if they do, it is often limited in scope.

If interested, check out www.vichelp.com.au for an email address. I got into law to help people that otherwise struggle to get help. I can't promise anything except to say I can have a preliminary look and discuss the matter with a lawyer. While covered under the FWA, being a NSW discriminatory issue, rather than Vic, may limit what I can do.

 

[Mojo]

Thank you so much for that, Rod. However, I'll keep going myself, and won't take up anyone's time. Being able to ask some specific questions on this forum is more than enough. The issues are complex, murky and buried. There is nothing I can be advised on, even generally and superficially, until I know what happened and understand what went badly wrong. This is what I am still trying to do. Cheers.