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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have just had my Agency with The Aird Group terminated

Customer Question

I have just had my Agency with The Aird Group terminated after 20 years. They are saying I had not met my sales budget although my territory had been changed twice - do I have any legal rights. They have offered me a termination amount of $8,000 plus gst, can I have your legal opinion on this please - or can you refer me to someone? They want a Deed of Release signed on Monday 8/2/16.
Thanks Sue Steffensen
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

So it is a termination not a redundancy?

Had you ben given notice of any issues in the past?

Customer: replied 1 year ago.
it is a termination
They had commented if figures were low on the monthly Report, also if a satisfactory result had occurred. I have not had any "warnings" or verbal discussions with Nat. Sales Mgr re this.
Customer: replied 1 year ago.
Sales are made in the Retail area and this sector has been struggling with many stores closing and subsequently retailers are not able to make large purchases or pay their suppliers - this had an effect on selling into Stores.
Expert:  Leon replied 1 year ago.

Good Evening

You have a case for unfair dismissal.

Are you a member of a union?

Customer: replied 1 year ago.
No there isn't a Union that covers Agents as far as I know.
Expert:  Leon replied 1 year ago.

Good Evening

Contact the law institute of victoria and get a referral to a solicitor that practices in employment law.

You have 21 days to file your application for unfair dismissal.

The solicitor will look at the deed of release and also the offer and tell you whether you should calim and what your prospects are.

This is what you have to do.