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G day I got sacked yesterday on jumped up charges which were…

Customer Question
G day I got...

G day I got sacked yesterday on jumped up charges which were unproven they are saying I was still under probation but I was actually past this I have lodged an unfair dismissal case with fair work but Voyages is saying that they are going to shut down my claim as I was still under probation they did this becouse myself and another employee got fair work involved after we were bullied and put in hospital

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

They are all corrupt and backing each other I’ve been given 48hrs to get out if the resort against Drs advice as I have no where else to go st this point

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

No to both

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

I have all the evidence including a letter of support from my whole team and a letter proving the charges were fabricated

Submitted: 1 month ago.Category: Australia Law
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Answered in 1 hour by:
3/20/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
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 1 month ago

would you like to claim unfair dismissal ?

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Customer reply replied 1 month ago
I would
Solicitor: John Melis, Lawyer replied 1 month ago

The time limit for lodging an unfair dismissal application is 21 days from the date of the dismissal, or such further period as the FWC allows in “exceptional circumstances”. Applications brought out of time will be ineligible.

Would you like to make a claim ?

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Customer reply replied 1 month ago
however i DONT have much money as ive been on unpaid sick leave when they refused my workers comp
Solicitor: John Melis, Lawyer replied 1 month ago

A person who has been dismissed from their employment may make an application to the Fair Work Commission (FWC) under s 394 of the Fair Work Act 2009 (Cth) (FW Act) for an unfair dismissal remedy.

If the FWC is satisfied that the person is protected from unfair dismissal and has been unfairly dismissed, it may order one of the following remedies (s 390)

When determining the amount of compensation to be awarded to a dismissed employee, the FWC must consider the following factors under s 392:

the effect of a compensation order on the viability of the employer’s enterprise

  • the dismissed employee’s length of service with the employer

  • the remuneration that the employee would have received, or would have been likely to receive, if they had not been dismissed

  • the employee’s efforts to mitigate their loss (see further below)

  • the amount of income earned, or reasonably likely to be earned, by the employee in another position since their dismissal (which is to be deducted from any amount of compensation); and

  • any other matter that the FWC considers relevant.


the law will protect you in this important matter

just file a claim on the fair work websites and they will do all the work for you in pursuing the claim against the employer

does this answer your important question today ?

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Customer reply replied 1 month ago
I have already done thismy main question was can they still claim the right to dismiss me even though I was through my agreed probatioary period here is what they claimDear *****,Thank you for your e mail and correspondence dated 19th March 2018Concerning your Probationary Period, you are correct your probationary period was meant to finish on 06 March 2018, however due to your absenteeism from the business mainly your unpaid sick leave you have not been in the business for 3 consecutive monthsand your probationary period would have continued when you returned to the business, It’s for this reason that you were still in your Probationary Period when your employment was Terminated.
Customer reply replied 1 month ago
is this correct as my undersanding is that if they wanted to extend the probation period they have do do so in writting within the inital period
Solicitor: John Melis, Lawyer replied 1 month ago

subject to the wording of the clause on the probationary period they may be able to act in the manner they have done, however, you also have a legal right not to be misled by the employer too.

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Solicitor: John Melis, Lawyer replied 1 month ago

I have extended a special offer to talk on the phone, please look, it will help you need

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Solicitor: John Melis, Lawyer replied 1 month ago

Under the Fair Work Act the employer cannot mislead the employee into a false belief of the employment condition itself.

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Customer reply replied 1 month ago
i dont have any other funds I can send you all the info via email and give you my last $100 to see what you think I am really unwell becouse of this and am in imminet risk of a brain hemorrage
Solicitor: John Melis, Lawyer replied 1 month ago

based on the dismissal comments you have raised, there may be an argument for misleading you.

you are welcome to upload your employment contract.

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Customer reply replied 1 month ago
as requested
Solicitor: John Melis, Lawyer replied 1 month ago

I have read your employment contract.

how far were you in the probation period when you were terminated ?

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Solicitor: John Melis, Lawyer replied 1 month ago

Chris you may have an additional claim on the basis that the employer failed to provide proper training in regards ***** ***** employment. This is a tricky argument but needs carefully planning.

Invite you to accept the special phone offer so you can talk further in detail on the matter.

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Customer reply replied 1 month ago
well past it stated 6th december 2016 which means i would have been clear on 6th March
Customer reply replied 1 month ago
I dont want money just my job back as without it I have no income or anywhere to live they have also threatned to make sure I never work again if I do not drop the workers comp and the unfair dis issal
Solicitor: John Melis, Lawyer replied 1 month ago

you have very good reference support I have reviewed.

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Customer reply replied 1 month ago
I’m still at medical center as they have been sending my old security team to harass me so really not feeling good
Solicitor: John Melis, Lawyer replied 1 month ago

ok, when you are free we can chat more if you like .

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Customer reply replied 1 month ago
Ok what number do I get you on they have just rang and said it’s best to accept their $10,000 offer asthere is no way that the fair work will agree that I’ve been unfairly dismissed and will throw the case out so now I’m even more worried
Solicitor: John Melis, Lawyer replied 1 month ago

just accept the offer and my numbers will display for you

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Customer reply replied 1 month ago
Ok
Solicitor: John Melis, Lawyer replied 1 month ago

I can talk to you when you are ready

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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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