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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5044
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: 20 days ago.
Category: Australia Law
Expert:  Daniel replied 20 days ago.

Hello
So you have accepted redundancy?

Expert:  Daniel replied 18 days ago.

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

Customer: replied 18 days 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 18 days 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 17 days ago.

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

Expert:  Daniel replied 16 days ago.

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

Expert:  Daniel replied 15 days ago.

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

Expert:  Daniel replied 14 days ago.

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

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