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I have just been sacked from Adventure Park for adledgadly…

Customer Question
I have just been...

I have just been sacked from Adventure Park for adledgadly making a comment about another employee

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have also been accused of theft of water I put in the staff fridge

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,287
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

would you like to claim for unfair dismissal ?

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Solicitor: John Melis, Lawyer replied 4 months ago

Unfair dismissal applications must be made to the FWC within 21 days after the dismissal takes effect, or such further period as the FWC allows: s 394(2)(a). The FWC may permit late submission of an application if satisfied that there are “special circumstances”, taking account of the factors set out in s 394(3):

  • •the reason for the delay
  • •whether the employee first became aware of the dismissal after it had taken effect
  • •any action taken by the employee to dispute the dismissal
  • •prejudice to the employer
  • •the merits of the claim; and
  • •fairness as between the employee and others in a similar position.

To be exceptional a circumstance must be unusual, out of the ordinary, special or uncommon, but it need not be unique, unprecedented or very rare.

An extension of time for lodgment of an unfair dismissal claim is likely to be granted where the delay is not due to the fault of an applicant who has taken all reasonable steps to ensure that the application is filed within the 21-day time limit, but rather is due to an error by their representative, such as a lawyer, paid agent or union official.

An applicant must lodge an unfair dismissal application using Form F2with the prescribed filing fee (currently $70.60). Applications can be lodged in person at a FWC office, by post, facsimile, email, electronic lodgment through the FWC website.

If you need further information please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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Solicitor: John Melis, Lawyer replied 3 months ago

do you need any further assistance on your important matter ?

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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).

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