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Employment Law/Unfair Dismissal FAQs

Date: April 23, 2008

Authors: LAC Lawyers

Welcome to the LAC Lawyers Employment Law Frequently Asked Questions page. We have put together some questions that we are asked by potential clients about issues relating to Employment Law and Unfair Dismissal. For ease of reference the FAQs have been split into two sections, feel free to browse as you wish through the following sections:

  • FAQs whilst Employed
  • FAQs relating to isses of Dismissal, Discrimination and Post-Employment

For Further information on our Employment Law and Unfair Dismissal please visit our Employment Law & Unfair Dismissal services page

 Frequently Asked Questions relating to issues whilst Employed 

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?

I currently work for a large retail chain and have been suspended from work pending a full investigation for dishonesty. Can you help?

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?

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?

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?

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?

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?

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?

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?

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 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?

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?

 

 

Frequently Asked Questions relating to issues of Dismissal, Discrimination and Post-Employment

I am currently off on workers’ compensation and have been dismissed.  Am I entitled to bring an Unfair Dismissal claim?

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?

I have been asked to resign by the company for which I work.  Can they do so without giving me a warning?

I have recently left my current employer and he has retained my bonus. Can he do this?

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?

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?

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?

I have recently been approached by my former employer’s solicitor to reconfirm the restraint of trade clause which I signed whilst I was in their employ. Should I do so and does it prevent me from obtaining employment with another employer in the same or similar industry? What can you do to help me?

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?

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?

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?

I was formerly employed by a company which has gone into liquidation owing me approximately $12,000 in unpaid wages. Is there anything I can do about this?

I was hired by an accountancy firm and terminated without notice without any reason given for my dismissal. Do I have any right of recourse?

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