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Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience:  Law degree with 1st class honours from Australian National University.
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hello just been terminated on bulling reasons so the company

Resolved Question:

hello just been terminated on bulling reasons so the company said they have two statements from two workers on my shift i didn't abuse them I've been to anger management courses before now feel the company is wrong yes chucked tantrum over bad night tried ringing lawyers but no one returned my calls being a supervisor now days being middle management i seem to get it from both directions what can i do
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.

Hi there. Can you tell me - did they terminate you summarily (without notice) or did they give you notice of termination?

And was there any discussion of this before they terminated you?

Customer: replied 1 year ago.

finish work as normal meant to do overtime that night told had noise complaint told not to come in for over time have meeting in morning told then about workers complaints they said i could resign but told them i did not bully the two workers so they terminated me there and then had almost 400 hrs sick leave up never took sickies

Expert:  Sean replied 1 year ago.

OK and did they say what they will be paying you on termination?

Customer: replied 1 year ago.

yes in the morning of the meeting {at the meeting}told to go out side half way through the meeting then brought back in and terminated then

Expert:  Sean replied 1 year ago.

And do you know what they are they going to pay you?

Customer: replied 1 year ago.

yes got 5 weeks and all annual leave payed to me not money issue don't have any just want job back really all up got 13000

Expert:  Sean replied 1 year ago.

Ok, then you could look at bringing an unfair dismissal claim. You would be able to do this if you earn less than $123K per year or are employed under an award or workplace agreement.

In an unfair dismissal claim you can seek up to 6 months' pay as compensation and also reinstatement to your previous position. You would need to show that it was unfair for them to terminate your employment like that did. That is, the bullying that they are alleging against you was not serious enough to warrant dismissal and therefore was unfair. Do you think you would be able to establish that?

Customer: replied 1 year ago.

my trouble is i have no money must do with no win no fee lawyer. can't get any to reply to me do u know of such a lawyer who would take me on

Expert:  Sean replied 1 year ago.

It would be unusual for forms to take on this kind of case on a no win - no fee basis. However, you could do it yourself. Unfair dismissal is set up to be simple enough for employees to bring a claim without a lawyer. And it will go to a conciliation to start with, where the Commissioner will help you try to reach settlement with the employer. Everything you need to lodge a claim is on this website:

http://www.fwc.gov.au/index.cfm?pagename=dismissalsclaim

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience: Law degree with 1st class honours from Australian National University.
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Sean
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Law degree with 1st class honours from Australian National University.