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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3437
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hello, My son was sacked on Friday after his third written

Resolved Question:

Hello, My son was sacked on Friday after his third written warning he tried to discuss the warnings with his boss on a number of occasions but the boss said I don't want to hear your excuses. My son is a 2nd year plumbing apprentice and is devastated about the dismissal. It has only come to my attention over the weekend some of the ongoing issues that he has been putting up with for a number of months form other plumbers in the company and that joke has now been passed onto other tradies and they make him the ongoing joke of the smoko break. Two things in brief my son has asthma and I asked his boss in a private meeting with him about his companies smoking policy and he said there is no smoking in work cars, that private meeting discussion was then passed onto the worker. One work first asked my son have you been doing some dobbing, "no". So since then he constantly gets every time his in a work ute with other workers, that's right we can’t smoke ....... is here (Not that there no supposed to smoke in work cars). There has been a few things but this is just another issue my son participated in relay for life and his photo was on the front of the local newspaper one worker draw a large willy on my son and with a smoke in his mouth (cock smoker), then that photo was posted on face book they then rang my son laughing and said have a look at facebook, very humiliating. I want to know who my son could speak to about this because he said he never went to his boss as he said he wouldn't listen to him he told him on a number of occasions “ I did want to hear his excuses”. My son rang him again yesterday to try to explain a few things and was told I’m not running a kindergarten and looking after babies, and hung up.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

It is clear your son is subject to bullying and unfair dismissal at his work place.

Contact fair work Australia ASAP, as he only has 14 days from dismissal to file an application.

They will be able to look into the situation and make a judgement call.

He is entitled to up to 6 months pay and or his position back.

On the face of it, it is clear they pushed him and used an excuse to sack him as he 'whinged' nothing more.

Please accept


Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3437
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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