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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was terminated from a 2+ year employment bullying

Customer Question

I was terminated from a 2+ year employment for cyber bullying accusations(statuses regarding ex manager), obviously true however complaintants full name never stated only nickname company never mentioned. Health and safety never threatened or plced at risk. complaint was made 3weeks after final status, copies of statuses written months prior were made only hours after initial posting so if she felt threatened why not complain straight away instead of months later when I no longer even work on same site? I transferred due to returning from holiday to hear that she was overheard telling another companies production manager that she knows how to get rid of me she will make me redundant. I therefore asked for soonest transfer. once transfer was initiated she would not let me transfer because I was needed to train another employee for the position, also in the same time as the copies of complained statuses were initially posted. am just hoping to find out if I even have a case? I lodged an unfair dismissal claim a week after termination, conciliation takes place 27/7/16
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

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 they are planning to remove you and terminate you without reason you have a case.

It is not a long term employment so your compensation if there is no job for you would be limited. The maximum you can be awarded is 6 months pay but you have not been there long enough.

If they had a job elsewhere then you can argue that they could have redeployed you and that it was not a true redundancy. You should also try and get a copy of your file.

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.



Customer: replied 1 year ago.
bro ive been on there books for 2 years
Expert:  Leon replied 1 year ago.

Good Afternoon

I know that but it is not a long time for unfair dismissal claims.

But if they had a position to redeploy you or your position still exists it is an unfair dismissal and you can seek reinstatement.