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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My employment was terminated on monday because I had

Customer Question

Hi,
My employment was terminated on monday because I had exercised my work place right
to attend a meeting with my line manager about why I was so unhappy at work. My line manager was not available to meet with me until the next day. At the meeting I was asked to resign. I advised my line manager I loved my job and that I did not want to resign, that instead I wanted the false claims of intimidation by select (lazy ) staff who had worked for the company for more than 20 years to stop. (they're were three of them and they did not like me at all.) The second meeting I was told would be the following day to determine my future which was again delayed, a further 24 hours this time. The stress was too much, I hadn't had any sleep the night before, I had to leave work. I sent an email to HR advising I was on my way to the doctor. The doctor advised me I was suffering from workplace intimidation and that I needed to take time out. I sent HR my medical certificate for the two days .Before I returned back to work, I asked for the meeting to be initiated first so that I could raise my issues. The meeting ended up being my termination. Access to my computer was denied, I worked 186 hours overtime on weekends and evenings which I was not allowed to claim each week, only in email correspondence with the managing director. I have very little proof as I did not expect to be terminated so suddenly. The managing director advised me because my overtime was not approved I would not be paid. I was 4 months in a 6 month probationary period. I know I was doing a great job, I have correspondence of this.
My job changed too- significantly from the first day, it was not what I was told it would be at the interview, I was never notified why, It was a very disorganised business, the way it ran, there were no systems in place, it was by far the worst organisation I have ever worked in.....
Submitted: 6 months ago.
Category: Australia Law
Expert:  kmslaw replied 6 months ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Let me just read what you wrote and I will respond shortly.

Expert:  kmslaw replied 6 months ago.

You need to lodge a claim for unfair dismissal with the Fair Work Commission within 21 days of being terminated, so if you are going to do this, you had better act quickly. However, given that you have some overtime you wish to claim, perhaps an application for general protections.

First I need to know, what kind of work were you doing, what kind of employer it was, can you name the employer so I can check if they are covered by the Fair Work Act and also are you aware of whether there is an award that applies to your employment? Finally, if you have a contract of employment, can you attach it here? These things will help me to best direct you what to do.

Expert:  kmslaw replied 6 months ago.

Hello

Did you see my message? I wondered if you had time to put together the information I need to help you?

Kylie