Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

On the 18th December 2015, during her review, a marketing

Customer Question
coordinator is told she is...
On the 18th December 2015, during her review, a marketing coordinator is told she is being promoted to become the marketing director's second in charge and to expect a significant pay rise upon her return after the Christmas holidays. Christmas holidays begin on the 19th of December 2015 and ends on the 11th of January 2016. She is recovering from the flu but still goes to work. Her boss is still away but a superior sees how sick she is and suggests she goes home. She goes home in the afternoon after completing her tasks. The following day she is still sick and arranges an appointment with her regular doctor for the following day. The doctor tells her she has a chest infection, prescribes antibiotics, provides her with a medical certificate for the week and sends her to bed.
On Tuesday 19th January 2016, she returns to work. That morning, her boss (the marketing director) takes her to a nearby cafe and informs her that her job has been made redundant and goes on to explain that her accumulated sick leave is too high and that she is lucky she was not made redundant sooner. It should be noted that she suffers from PTSD which she had informed her boss of before he had agreed to hire her in August 2015, after she had been an unpaid intern at the firm since April 2015. He has only warned her once that the accrued absenteeism was becoming an issue. She took this on board and worked very hard and made sure she was present at work everyday after that. Despite her improvement, he says he'd stuck his neck out for her for as long as he could but that pressure from above forced his hand. He says he is also changing job in the company restructuring and that he will be hiring a replacement for his current position. He implies she is not considered for this role.
In her shock, she forgets to ask about what the redundancy meant. In the afternoon after the meeting, she asks how long she has. Her boss tells her that is up to her but that they'd give her one week to go to interviews. He avoids answering the question. He tells her she can apply for another job internally if she chooses but that the marketing department is being dissolved.
Something doesn't add up and she doesn't know what to do. Help!
Submitted: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
1/19/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,088
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If she is terminated because she was sick it is unfair dismissal. If it is a genuine redundancy then they have to pay her out based on the current level of income.

If her job is going to be done by another person then it is a termination and it is unfair.

Here is some information about redudndany

https://www.fairwork.gov.au/ending-employment/redundancy

She should get her information together and if it is not a genuine redundancy she has 21 days to make her application for unfair dismissal.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,088
45,088 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I just want to ask you. Me and my husband want to divorce
Hello there. I just want to ask you. Me and my husband want to divorce and we already separate more than 12 months. we both agree to make it really easy. I already fill the form divorce application on… read more
Leon
Leon
Solicitor
45,088 satisfied customers
I need advice in regards to signing a workplace contract
I need advice in regards ***** ***** a workplace contract please … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am just wondering what the limitations on time for someone
Hi I am just wondering what the limitations on time for someone to be charged in Qld. There was a claim maid on a motorbike and the bike was stolen by a family member. The claim was never paid as the … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
We are experiencing getting back a bond from Ramada Suites,
We are experiencing getting back a bond from Ramada Suites, Darwin and would appreciate your advice on the matter. … read more
Leon
Leon
Solicitor
45,088 satisfied customers
Three weeks ago I offered $1.7 m for a property in Tyabb
Three weeks ago I offered $1.7 m for a property in Tyabb (not an auction0 I was told three hoiurs layter that the property had sold for an "exceptionale … read more
Leon
Leon
Solicitor
45,088 satisfied customers
My elderly mother died in Brisbane in a nursing home in June
Good evening, My elderly mother died in Brisbane in a nursing home in June this year. … read more
Leon
Leon
Solicitor
45,088 satisfied customers
Not sure if this is your field i am inquiring about
not sure if this is your field i am inquiring about franchising laws … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was in a same sex de facto relationship for 45 years, my
I was in a same sex de facto relationship for 45 years, my partner died 4 months ago. We have 4 properties all in my name, I lost a court case they have PSSO on them, the Sherriff asked me if anyone e… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My husband got an ABN number in my name without my consent
Hi there my husband got an ABN number in my name without my consent and withheld that information until I discovered it. Has he broken the law? … read more
Leon
Leon
Solicitor
45,088 satisfied customers
I am part of a strata. June 2016 there was a bad storm and I
Hello, my name is***** am part of a strata. June 2016 there was a bad storm and I made a claim. The insurance company have done everything within their power to not honour the claim. It is a long stor… read more
Leon
Leon
Solicitor
45,088 satisfied customers
We are having our house built with Boutique homes and after
Hi there. We are having our house built with Boutique homes and after the contract was signed, we went through the colour tile carpet fixtures selection process. This was done, a document "addenda" dr… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have got fines from vicroads, victoria, not yet now they
not yet now they converted into warrant but someone else was driving that vehicle … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Are casual part time retail assistants entitled to service
Hi, Are casual part time retail assistants entitled to long service leave? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
We have been denied our pensioner concessional discounts by
We have been denied our pensioner concessional discounts by ALINTA ENERGY for the past three years. We rang them twice about it and they fob us off … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I refer to a written official consorting order sent to me
I refer to a written official consorting order sent to me through the post by QLD police which notes that I am not a recognised offender. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Thank you for this service. I have been served papers by the
Hi, thank you for this service. I have been served papers by the CBA Bank to sell our home. I have been fighting them for three years. I believe some of the tactics they have used have been very decei… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am a Yr. 6 classroom teacher for two days a week in a
I am a Yr. 6 classroom teacher for two days a week in a Riverland Primary C … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK EXTENSION. Is the Land and Environment Court the best approach to get this overturned and do I need legal representation for such a hearing ?? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x