Employment Law/Unfair Dismissal FAQ - Dismissed while on compensation leave. Can I make an Unfair Dismissal claim?
Date: March 04, 2011
Q. I am currently off on workers’ compensation and have been dismissed. Am I entitled to bring an Unfair Dismissal claim?
A. In these circumstances you may be entitled to bring an unfair termination claim or a disability discrimination claim. Independent legal advice needs to be obtained because there are a number of multi-jurisdictional issues which have to be considered which are tied up with awards, workplace agreements, certified agreements and contracts of employment to name but a few.
Unfair Dismissal - Remedies Available to an applicant for a Unfair Dismissal Claim
Date: March 16, 2011
Author(s): Michael Cruz B.Eng., JD
Employment Law/Unfair Dismissal FAQ - I am being unfairly held responsible for my area's bad performance. What can I do?
Date: March 04, 2011
Approximately two years ago I joined a car dealership which is rather old-fashioned in the manner in which it transacts business between the finance and sales departments. An insurance provider suggested to the management that I was not doing my job properly and as a result I have been reprimanded being held responsible for the poor performance of my area which is ludicrous as the sales for this year in my area are the same as last year when the market was booming. What should I do?
Employment Law/Unfair Dismissal FAQ - My employer is abusive and unfairly pushes people. What should I do?
Date: March 04, 2011
I am currently working for a very intense person who is overbearing and difficult who constantly threatens and swears at everyone yelling at them and standing over them unfairly pushing them to do as much work as possible. What should I do in the circumstances?
Employment Law/Unfair Dismissal FAQ - A senior partner is sending me obscene emails. What should I do?
Date: March 04, 2011
One of the senior partners of the practice for whom I work is sending me obscene emails. What should I do?
Employment Law/Unfair Dismissal FAQ - Adjustments to work hours to care for children - Can I claim unlawful discrimination?
Date: March 04, 2011
Can I bring an unlawful discrimination claim as I have family responsibilities and my employer for whom I have worked for the last six years will not adjust my working hours to accommodate some of my needs allowing me to properly care for my children?
Employment Law/Unfair Dismissal FAQ - An agency retracted my successful application. What should I do?
Date: March 04, 2011
Recently I applied for a job and after the second interview was told by the recruitment agency that I had it. Subsequently I received a telephone call stating that they needed to carry out a criminal record check and I advised them of a minor transgression which had been dealt with by the court not leading to conviction. After this things got out of control and the agency told me that my application was unacceptable to their client and I should look elsewhere for employment. What should I do in the circumstances?
An agency retracted my successful application. What should I do?
Employment Law/Unfair Dismissal FAQ - Are there Workchoices remedies apart from the Workchoices legislation?
Date: March 04, 2011
Since the Federal Government introduced Workchoices I am really confused as to whether there are remedies apart from the Workchoices legislation?
Employment Law/Unfair Dismissal FAQ - Can I apply to become a permanent employee?
Date: March 04, 2011
I have been with the company as a permanent-casual in excess of 10 years and am wondering whether or not I can make an application to become a permanent employee?
Employment Law/Unfair Dismissal FAQ - I am being discriminated against because of my size. What can I do?
Date: March 04, 2011
I work for a government department and believe they are trying to get rid of me saying that my size interferes with my ability to carry out my work. I feel uncomfortable, as I believe I am being set up and the union is also involved. What can I do in these circumstances?
I am being discriminated against because of my size. What can I do?
Employment Law/Unfair Dismissal FAQ - I am under pressure due to company budgets. Is this unfair?
Date: March 04, 2011
Although the company for whom I am working is not meeting budget the area in which I work has exceeded budget but I am being put under increasing pressure to improve output?
Employment Law/Unfair Dismissal FAQ - I have been asked to resign without warning. Can my employer do this?
Date: March 04, 2011
I have been asked to resign by the company for which I work. Can they do so without giving me a warning?
Employment Law/Unfair Dismissal FAQ - I have been suspended for dishonesty. Can you help?
Date: March 04, 2011
I currently work for a large retail chain and have been suspended from work pending a full investigation for dishonesty. Can you help?
Employment Law/Unfair Dismissal FAQ - I took inappropriate photos while drunk at an office function. What do I do?
Date: March 04, 2011
This year I went to an office function and become a little untidy. Whilst I was taking photographs a girl lent over in front of me and I took a shot of her cleavage. After sobering up I suddenly realised there could be issues and I discovered that one of the persons to whom I had sent all the photographs including the one of the girl, had circulated this to everybody in the office. What should I do?
Employment Law/Unfair Dismissal FAQ - I stole money, now my employer wants to talk. What should I do?
Date: March 04, 2011
During the course of my employment I took a substantial amount of money from the company which has now been discovered and they have called me in for interview saying that all they really want to know what happened and they will not lay any criminal charges. What should I do?
Employment Law/Unfair Dismissal FAQ - I was fired as my employer thought I stole stock. What should I do?
Date: March 04, 2011
I was recently fired for serious and wilful misconduct because my employer thought I had taken stock without paying or accounting for it. What should I do?
Employment Law/Unfair Dismissal FAQ - I was let go and replaced by 20yr olds of a particular ethnic background. What to do?
Date: March 04, 2011
My services were recently dispensed with allegedly due to the downturn in business which I do not believe as the number of orders received show it has increased and new staff have been put on. What I have noticed is that I am the oldest member of staff and everybody else who is being hired is in their 20s and of a particular ethnic background. Can you help me?
Employment Law/Unfair Dismissal FAQ - I was made redundant and my job was split up. What can I do?
Date: March 04, 2011
I have recently been made redundant by my employer and my job has been split up between a number of persons the principal parts of it being given to a much junior employee. Is there anything I can do?
Employment Law/Unfair Dismissal FAQ - I was terminated for being sick. Can you help?
Date: March 04, 2011
Yesterday I called my employer and told him I would not be into work as I was sick and had a medical certificate. When I went to work today my services were terminated. Is there anything you can do for me?
Employment Law/Unfair Dismissal FAQ - I was terminated for being uncontactable while on leave. Can you help?
Date: March 04, 2011
I have been working for a company for a number of years and have not taken any holidays until recently. Whilst I was off the managing director attempted to contact me. Upon my return to work he terminated my services for being uncontactable whilst away. Can he do this and are you able to assist?
Employment Law/Unfair Dismissal FAQ - I wasn't paid leave or bonuses when I was let go. What should I do?
Date: March 04, 2011
Recently I was retrenched and given one month’s pay in lieu of notice together with my current month’s salary. Unfortunately I was not paid for my annual leave or my current bonus which it vested and my unvested bonus which is now due and payable. What should I do?
Employment Law/Unfair Dismissal FAQ - My boss has been abusing me after I refused to do what he asked. What can I do?
Date: March 04, 2011
My boss came to me and asked me to admit someone to our computer network without the property authorisation. I refused to comply and ever since I have been singled out by him and serially abused, ignored and made to feel unwelcome. Is there anything I can do?
Employment Law/Unfair Dismissal FAQ - My boss is abusive and is trying to get rid of me. What can I do?
Date: March 04, 2011
I am having a number of issues with my boss at work due to his behaviour as he frequently swears, writes threatening emails, bullies, sets unreasonable deadlines and is trying to performance-manage me out of the operation. What can I do?
Employment Law/Unfair Dismissal FAQ - My employer deceived me to get rid of me. Can they do this?
Date: March 04, 2011
I approached my employer asking could I take leave without pay and they asked me to resign on the basis that when I returned all I had to do was reapply for my old position and it would be given back to me. I did this and on my return I put in my job application and other applicants were successful and I was refused. Can my employer do this?
Employment Law/Unfair Dismissal FAQ - My health has deteriorated due to harassment from my new manager. What should I do?
Date: March 04, 2011
I have been working with the same company for in excess of 10 years and recently a new manager was appointed to my department. He has been riding everyone but particularly myself as it appears he wishes to make changes and bring in his own supporters. I am under stress and my health has deteriorated as a result. What should I do?