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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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Hi my name is XXXXX XXXXX I have been terminated from my employment

Resolved Question:

Hi my name is XXXXX XXXXX I have been terminated from my employment due an incident on a mine site in Qld. Although my employer was only contracting the mine has told them that they would not let them back on site, unless they terminated my employment.
My question is do I have any chance of being entitled to compensation for the loss of employment and financial loss as well as the stress?
Regards
Brian
Submitted: 1 year ago.
Category: Australia Law
Expert:  replied 1 year ago.
Hello and thank you for your question.

Your employer can only sack you if you fail to meet the obligations of your employment or engage in conduct warranting dismissal.

There is no legal definition of conduct which would warrant dismissal, but generally it either has to be very serious misbehavior (stealing, behaving violently, or bringing your employer into disrepute in some significant way) or it has to be something less serious that you have continued to do wrong despite being given a reasonable opportunity to correct the misconduct or poor work performance.

The mere fact that a party who has contracted your employer has issued an ultimatum to get rid of you, is not of itself a lawful reason to dismiss you. So if after reading the above you do not believe your employer had a good reason to dismiss you, then you could consider bringing an Unfair Dismissal claim against your employer.

You can read the process and requirements for bringing an Unfair Dismissal claim here:

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

Please note you only have 21 days to bring an Unfair Dismissal Claim from the date of your dismissal, after which time you won't be able to bring an Unfair Dismissal claim, although more expensive court options may still be available to you, but you would need a lawyer to pursue these. So do not delay if you want to make a claim.

Also note that an Unfair Dismissal claim will only entitle you to compensation for lost employment and not damages for stress or other injury. Claims for psychological injury are in theory possible through other forms of claim, but generally are only possible where you have a recognised psychological injury/disorder arising out of the employers malice or negligence. Simply alleging stress is not sufficient, it would have to be a diagnosed issue such as clinical depression, post traumatic stress injury, or similar.

I trust the above assists.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4542
Experience: Dip Law LPAB - Sydney based lawyer
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