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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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Caravan park managers, we were employed 9th February 2015,

Customer Question

Caravan park managers, we were employed 9th February 2015, contracted for probationary period of 3mths at which time review would be carried out on performance.
contracted to work 28 days on 8 2 days off read this to mean 20 on eight off found it meant 28 days on then 8.2 off this is calculated over a 7 day work week our income based over a 5 day work week over 38 hrs we are losing more than 30 days in unpaid wages.
worked for 3 months no review, the employer made fiscal contact x2 for approx 6 hrs total over this period, on Tuesday the 19th of may 2015 the employer arrived at the park, we asked him about the 28 over 8.2 days he terminated our employment without response when we asked to explain what grounds he said it was not for performance just we did not fit his corporate image, lack of communication he refused to elaborate further, he left the park and returned 30 min later with a termination letter stating our dismissal was for Performance and cultural reasons, he agreed to allow us to work out our 4 weeks notice, he is currently working on letting us go and paying out our notice period, the question we have is has he conducted himself correctly, we are covered by the hotel and camping agreement 2010 and it is included in our operations manual we are aware under the fair works act he can dismiss up to six months is this correct when an employment contract is in place and states an action.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi,
Based on what you have advised...
The terms of your employment contract (to the extent you are better off) override any terms of the award
On what basis were you paid during the probation period? 28 on, 8.2 off, OR 20 on 8.2 off?
Termination on the grounds of a question about your work conditions and pay, is not a legitimate reason for immediate termination after your probation period has expired. This is why your employer is paying out your 4 weeks notice, as your employer has no grounds to terminate without notice. You may have a right to lodge a GP (General Protections) Claim - please refer below for more information...
What does your employment contract say regarding redundancy pay?
How large a business is your employer? more than 15 employees?
If less than 15 employees, an employer does not have to pay redundancy pay... if service is less than 12 months.
If 15 or more.. then generally... they do not have to pay redundancy pay.. if service is less than 6 months.
You say that the employment contract states an action? please elaborate further...
The Fair Work legislation sets out General Protections... which provide you as an employee with certain rights.. and your employer cannot take adverse action against you for exercising your workplace rights.
In my opinion, one of your workplace rights is to be able to ask questions about your remuneration and work conditions... without fear of getting terminated.
The following link is an eligibility wizard for GP claims...
https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-and-disputes/general-protections-eligible
Kind regards,
James

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