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In 2005 I injured my back at work as an aged care worker. My…

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In 2005 I injured my...
In 2005 I injured my back at work as an aged care worker. My injury is permanent with no surgical cure. I was retrained as a lifestyle assistant which are lighter duties. However certain things that are involved in this job I could not perform without considerable pain and as a consequence I aggravated my injury and spent 4 months off work. CAC and my doctor agreed on a 'get back to work plan' which was agreed to by my employer. However when I returned back to work I was given duties that were not on my work plan or given more residents to care for than was recommended in the work plan. When I complained that my work plan was not being followed it was reported to management that I refused to do my duties. I received a letter from head office stating that on 24/06/2010 I was to attend a meeting to discuss these matters. At the meeting I was asked ridiculous questions as to why I couldn't care for more residents than the work plan stated. When I stated that I could not move furniture to set up and pack up afterward, the manager stated that everyone worked in pairs which is an out and out lie as no one in the facility works in pairs and I was left to beg other staff members to help me set up. I was instructed by my doctor not to drive the bus as this is dangerous and caused me pain, I was asked "Well how do you get to work?" I told them I drive but after only thatXXXXXI had to walk around the block to loosen my back. They then asked if I go on trips on weekends? where I stated that I go to Bendigo but only as a passenger and with the seat reclined so I could lay on my side. I was told that I am putting pressure on the other staff members and was asked if I could resolve the matter. I stated that if I was expected to drive the bus and work outside my doctor's and CAC's recommendation I could not. Where I was told that my employment was terminated and was told to leave on the spot. I stated that I planned to work to 65 and that this injury, which was caused by their negligence as they did not have the required number of lifting machines,has ended my career and that they were solving their problem by dismissed me but I have to live in pain for the rest of my life. To this I was told that they were sorry and wished me all the best and I left.
Whilst at work I was spied on, rejected by other staff members and looked upon as a blugger. My work place was had become a misery and I often cried after a stressful day when I got home.
Have I a case for unfair or unlawful dismissal?
Submitted: 8 years ago.Category: Australia Law
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Answered in 2 hours by:
6/29/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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What date were you told that you had been terminated?
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Customer reply replied 8 years ago

I was terminated the day of the meeting 24/06/2010.
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Then you have 14 days from the 26th of June to make a claim for unfair dismissal, so I recommend you see an employment law lawyer right away. I think you'd have a decent case here.

Depending on where in Australia you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 8 years ago

Thank you for your answer.
Please pass on a legal representative who could persue this case.
I reside in Burnside, A suburb of Melbourne. Victoria.
Do you know of anybody who will act on a no win no pay basis?
If not please advise of any you think will take the case on.
Thank you again
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
I recommend you contact Ronald Segal on 03 9813 5500. He has a very good reputation in Melbourne for employment law matters.


Edited by Alex on 6/29/2010 at 1:05 PM EST
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