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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 am working on the mines.I was sent of site just over two

Customer Question

Hi I am working on the mines.I was sent of site just over two weeks ago by the project manager.I did nothing wrong.I was not sacked just sent of site.the company has not placed me in another position at another site.and I am not getting paid ATM.I,m wanting to know my wrights?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: W.A
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time.I have been with the company for 2 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: The project manager is my brother. I broke up with my partner and 1 month later started dating a girl at my site he didn't like this and kicked us both of site before our swing was finished.work wise we both did nothing wrong.
Submitted: 1 year ago.
Category: Australia Law
Expert:  John Melis replied 1 year ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

Expert:  John Melis replied 1 year ago.

You do have legal rights for unfair dismissal.

You may raise a claim at the Fair Work Commission, this can be done online through their website.

Have you considered this option yet ?

Customer: replied 1 year ago.
No I have not
Expert:  John Melis replied 1 year ago.

There is another option apart from raising a claim at the Fair Work Commission, and that is to attempt mediation with the employer. Sometimes this will resolve the issues in question., however, it may also not work, leaving the only option to pursue any damages for loss of income through either the Fair Work Commission, or through courts directly for breach of contract by the employer.

Do you have a preferred direction you wish to proceed with at this stage ?