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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5466
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I was working at the port augusta hospital as a gardener

Customer Question

I was working at the port augusta hospital as a gardener full time. my job was made redundant and I was therefore put off. they have since been bringing in contractors to do my job. please advise where this leaves me as I am jobless.
JA: Can you tell me what state this is in? And has this been documented in any way?
Customer: state of south Australia. I have all the redundancy paper work on hand
JA: Has anything been filed or reported?
Customer: no this is the first time I have made enquiries
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, there was no prior trouble between me and my employer, also no verbal or written warnings before my dismissel
Submitted: 5 months ago.
Category: Australia Law
Expert:  Daniel replied 5 months ago.

Hello
So you have accepted redundancy?

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Customer: replied 5 months ago.
I had no option. They came up and gave me a fortnights notice and placed a package in front of me and was told to sign it. The job has been made redundant and you go with the job.
Expert:  Daniel replied 5 months ago.

Hello
Well the issue here is that if it goes to fair work Australia by way of an unfair dismissal claim, they can well say 'look. we offered a redundancy, rather than an actual termination' so no hardship can be proved.

Further, under fair work laws, a person would ONLY be entitled to 6 months pay at most. Generally 3 months is the most people will claim.

Secondly, I guess it has been over 21 days since your job was redundant, that is the limitation period to make a claim.

Sadly, they know ALL this, thus making an offer to make redundancy and offer 2 weeks notice.
On what you have provided, there is no real claim sadly.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.