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Answered in 1 hour by:
4/15/2013
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening
Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
Was she employed as a casual or a part time employee?
Did they give more details about why they terminated her and what did they say about her studies?
If she was terminated because of her pregnancy this is discrimination.
Good Morning
It appears that she may have been discriminated against or been unfairly dismissed.
Either way she has a right to lodge a complain with Fair Work Australia.
If the employer had less than 15 employees she must have been employed with them for 12 months for an unfair dismissal claim.
Here is the link to the Fair Work Site.
http://www.fairwork.gov.au/termination/unfair-dismissal/pages/default.aspx
She has 21 days to file the complaint from the date she was terminated.
Being employed for just over 12 months the compensation would not be very much.
On the issue of discrimination, if she can show that it was because she was pregnant then the courts deal with this much harsher.
The following link is detailed on pregnancy and the workplace.
http://www.netlawman.com.au/info/pregnancy-at-work-australia.php
These areas of law are fairly specialised and it would be in her best interests to make an appointment with a Solicitor and get more detailed advise on both these issues.
I believe that she does have a case and would be successful if she can show that the employer acted improperly.
She should contact the law institute of Victoria and get a referral to a Solicitor that can assist her further.
http://www.liv.asn.au
Employers believe that they can do what they want and hide under redundancy, which is what they have done here. They have paid her out the redundancy amount.
With unfair dismissal she can seek reinstatement, and if this is not available then compensation. With the discrimination she can only seek compensation.
She should go and see a Solicitor and get more detailed advise. I hope that I have provided you with insight on the law and what she can do.
If there is anything else I can assist you with please let me know.
I hope all goes well with the complaint and also with her pregnancy and studies.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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