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NA-611

 

Customer Question

Hello,
This is an on-behalf-of situation, but I will write in the first person for the sake of clarity.

Re being terminated from my present company, I have been neither sacked, nor fired nor retrenched, but have been told, in general verbal terms only, that this coming Friday is my last day.
Because I have yet to receive any confirmation of this decision in writing from the company, I need to know where I stand in this and what recourse I may have.

Also, this is occurring within the 3-month probationary period of my employment. Position is sales manager.

Of equal concern is the fact that I have utilised a number of personal contacts (companies, individuals) I brought to this current job from previous experience in the industry, to the extent where I have 'handed over' a list of these contacts. Since I would definitely no longer want this present company to make use of my contacts, I would like to know how I can claim back what I consider to be my own intellectual property, and prevent this company from benefiting from it in any way.

Further, when I was taken on by this company, there was no formal interview at all, instead an open-arm welcome because of my known track record in the industry. Plus, I was straight away offered a directorship in this company, but naturally decided to see how things worked out. Good call on my part !

Information coming to me this week seems to indicate that this company has known it was finding new business difficult to acquire, but took me on anyway with major promises of the future, effectively preventing me from applying successfully elsewhere with a company having a more solid base and future and greater integrity.

The company states specifically that it has no problem with my work ethic and I have given the directors total disclosure of all my company-related activity since starting.
I have also acted 100% in accordance with those expectations handed out by the CEO.
I have received no warnings re poor performance.
This dismissal comes as a shock.

The questions are:
How have I been terminated and/or have I actually been terminated as such ?
Is there any inference of unfair dismissal here ?
How do I recover my industry contacts and ban this company from benefiting from them ?
What other avenues do I have here ?

Thanx, Jon

Submitted: 282 days and 4 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
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Expert:  Fran-mod replied 281 days and 22 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 281 days and 21 hours ago.

Yes, still waiting.
I would really appreciate a detailed answer covering all points as soon as you possibly can respond.
Thanx, Jon

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Expert:  Fran-mod replied 281 days and 21 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Customer replied 281 days and 4 hours ago.

Hi
Can you pls in the meantime give me a partial response to what you can already address, while waiting for the expert opinion?
Remember, tomorrow is my last day and everything is up in the air still . . .
Thanx, Jon

Customer replied 280 days and 9 hours ago.

Hi
This is now beyond urgent !
I absolutely need to get your full response to this query today, before my employment runs out.
You have had 3 days already to reply and I've received nothing, even though I have paid you in full for the service.
Today, please !
Thanx, Jon

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Expert:  Fran-mod replied 279 days and 23 hours ago.

Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!

Customer replied 279 days and 23 hours ago.

Thanx, but my time has run out.
You had 3 whole days to respond and have failed to give me any info whatsoever. Any info after the fact is now useless and I feel very let down by what is supposed to be an efficient and competent system.

This has left me with no answers, no recourse and no job.
Please refund my payment in full asap.

 
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