Going after compensation for unfair dismissal?

[Conners]

Hi Guys,

 

I just got fired from my part time job yesterday and I believe I have a case for unfair dismissal. Please keep in mind that I live in Australia, so anyone from Australia who answers, that would be extra helpful

 

Background Info:

I was fired after I had a bit of an "argument" with a girl from work on the Monday. My friend and I (the receptionist) had gone out for lunch and her back up who answers the phone whilst shes on lunch was away. My friend emailed two other girls who are secretaries to cover the phone please. This would of been about 3 calls max. One of the girls replied quite rudely with cc to both of my bosses saying "show some courtesy and give me half an hours notice next time". I thought this was straight out rude to my friend and a blatant obvious attempt to try and get her in trouble with the bosses. I have had this done to me before so I know it's what they try to do. I went to her and spoke to her directly and asked her why she felt the need to cc both bosses on the email and that we both find several mistakes from her daily and we come to her personally and don't cc both the bosses and try and get her in trouble. She snapped at me and said its none of my business and I said well shes my friend and I think its rude.

 

Yes, it was none of my business, but they do treat my friend poorly and I didn't think a question was a big deal. Next minute she's gone to get one of my bosses and she's yelled at me for "abusing" her and not to do it and the girl involved said "look girl I don't want anything to do with you, dont talk to me!!!". The next day they are all in some big meeting and they fire me just before lunch. My boss said there was a number of "incidents" which lead to this. I asked what they were.. apparently "mobile phone use", "rude to a client on the phone at christmas time" (which I wasn't, it was a misunderstanding about directions and the client was getting frustrated at me) and facebook use.

 

I have had no prior warnings or knowledge of this. I have been singled out on the mobile phone use. Yes I admit I use it whilst at work and it's next to me on my desk but ALL the staff are just as guilty. I have been singled out for that one. Facebook is blocked outside of lunch hours.. so thats just another excuse I don't understand. I asked them "don't I at least get a warning" and they said no you can leave now.

 

They are paying me out two weeks plus my annual leave plus the two days I worked this week. However, I have had no written or verbal warning of anything. I looked at fair work Australia and for small businesses I fit the criteria of unfair dismissal.

 

 

• I have been there for more than 12 months
  
• I have had no prior written or verbal warning about said incidents ( I did not even know about this client complaining about me on the phone"
  
• They did not give me a chance to rectify any issues
  
• I have been singled out on mobile phone use, if I am fired over that, everyone else should be too.
  
• I could claim compensation as I am a uni student and no one else will hire me due to uni placements (up to 6 weeks at a time) no one will want to hire me if I need 6 weeks off
  
• Workplace bullying - my supervisor has been proved to deliberately ignore mine and my friends calls when we were looking for them at a charity event and apparently laughed about it. They also exclude and never invite me to lunch (not sure if that's bullying, feels like it)
  
• Did not pay me for public holidays - I got paid over Easter but thats because I asked if i was entitled and they said yes, yet i was not paid for any public holidays prior to that.
  
• I was not fired for anything serious such as fraud, theft or violence
  

Sorry for the long winded post guys, what do you think? I appreciate any advice or experience at all.

[applej4]

Talk to an attorney - free consultation - to see if you have a case or what, if anything, you can do. An internet message board is not the place to get advice on this.

[d0nnivain]

Do NOT sign the documents you are going to be asked to sign in order to get the two weeks severance until you speak to a lawyer.

 

 

Do not accept legal advice on the subject from anyone who is not a lawyer in Australia.

[Conners]

Do NOT sign the documents you are going to be asked to sign in order to get the two weeks severance until you speak to a lawyer.

 

 

Do not accept legal advice on the subject from anyone who is not a lawyer in Australia.

 

 

they didn't ask me to sign anything yesterday when i got the sack?

is that normal?

[d0nnivain]

I have no idea what's "normal" in Australia. Hence you need to talk to a lawyer.

[Conners]

I have no idea what's "normal" in Australia. Hence you need to talk to a lawyer.

 

Yeah I've been on hold for legal advice for a while now.. thanks

[pink_sugar]

Can't give you legal advice, but I have coworkers leave spare of the moment quite often and ask me to take calls and watch the front entrance right as they are leaving and just to let "so and so" know if I need to head to lunch. It's not a big deal and it shouldn't have a big deal for your coworkers either.

[CC12]

Yeah I've been on hold for legal advice for a while now.. thanks

 

What did they say?

[Conners]

The lawyer was super helpful and I had a meeting with him yesterday, he said I have a pretty solid case against my former boss and that he basically did everything wrong.. I've launched a claim through fair work australia which will then follow with a mediation session. I am going to ask for 6 months worth of pay but I am only expecting around 3 months. equivalent to about 5K. I am seeking the compensation because I am a university student and have unpaid placements where I won't be able to work for up to 2 months at a time, getting a new job is pretty much out of the question.

[CC12]

The lawyer was super helpful and I had a meeting with him yesterday, he said I have a pretty solid case against my former boss and that he basically did everything wrong.. I've launched a claim through fair work australia which will then follow with a mediation session. I am going to ask for 6 months worth of pay but I am only expecting around 3 months. equivalent to about 5K. I am seeking the compensation because I am a university student and have unpaid placements where I won't be able to work for up to 2 months at a time, getting a new job is pretty much out of the question.

 

Wow. Well, that's good for you. Things must work very differently here in the states because for an employee to have all these problems and issues with others:

 

--I had a bit of an "argument" with a girl from work [...] it was none of my business

--mobile phone use

--rude to a client on the phone at christmas time

--and facebook use.

 

and then not only collecting two weeks' pay plus any accumulated leave, but on top of that you can also bring legal action against them to pay you even more money, that seems crazy to me.

 

I guess you're lucky that your employer didn't keep the right paperwork because by your own admission you've not been a good employee.

 

Hopefully you can do better with your next job. Good luck!

[Conners]

Wow. Well, that's good for you. Things must work very differently here in the states because for an employee to have all these problems and issues with others:

 

 

 

and then not only collecting two weeks' pay plus any accumulated leave, but on top of that you can also bring legal action against them to pay you even more money, that seems crazy to me.

 

I guess you're lucky that your employer didn't keep the right paperwork because by your own admission you've not been a good employee.

 

Hopefully you can do better with your next job. Good luck!

 

 

excuse me? how rude.

 

mobile phone use.. i used my mobile phone no more than any other staff member, it's an office job and it was on my desk. facebook is blocked on the work computers so they made that up actually. This client was getting frustrated at me because he didn't know or could follow directions, I had never had any other complaints from all the time I have answered the phone. Furthermore my boss never told me about this clients so called complaint. The girl I had an arguemnt with, no body actually likes her at work because she constantly gossips and lies but she is the bosses favorite and can do no wrong in his eyes, hence why I got the sack.

 

^ This is grounds for unfair dismissal.

 

do not tell me I should do better at my next job. I was doing a 30 hour per week job in 8 hours and worked extremely hard.

[CC12]

excuse me? how rude.

 

mobile phone use.. i used my mobile phone no more than any other staff member, it's an office job and it was on my desk. facebook is blocked on the work computers so they made that up actually. This client was getting frustrated at me because he didn't know or could follow directions, I had never had any other complaints from all the time I have answered the phone. Furthermore my boss never told me about this clients so called complaint. The girl I had an arguemnt with, no body actually likes her at work because she constantly gossips and lies but she is the bosses favorite and can do no wrong in his eyes, hence why I got the sack.

 

^ This is grounds for unfair dismissal.

 

do not tell me I should do better at my next job. I was doing a 30 hour per week job in 8 hours and worked extremely hard.

 

Hm. Okay.

 

I think your strong reaction to comments or criticism says a lot about your ability to resolve or avoid conflicts in the workplace. You're quite a spitfire and you don't seem to care about the consequences of voicing your opinions, so just be aware that your behavior is going to continue to get you into trouble in the future unless you change your approach.

[Conners]

No, I've had a strong reaction because you assumed I was a bad employee when I was quite the opposite. I have had quite a few jobs and have never been fired or had trouble in the workplace. This thread was in regards to unfair dismissal; not an invitation for you to judge my character or work ethics when you do not know me or the exact situation. Please keep your negative comments to yourself.

[ufo8mycat]

How big is the company? How long have you been there?

 

are they small enough to be exempt from unfair dismissal laws?

 

You have Zero chance of claiming work place bullying and harassment until there is evidence documented prior to the performance issues being raised. You also need to have evidence of having suffered and injury from the bullying and harassment. Usually a doctor or psychologist.

 

I think how you behaved wasn't acceptable and with most employers you would be onto your final written warnings.

[CC12]

No, I've had a strong reaction because you assumed I was a bad employee when I was quite the opposite.

 

I didn't assume. I went on what you posted.

[Conners]

How big is the company? How long have you been there?

 

are they small enough to be exempt from unfair dismissal laws?

 

You have Zero chance of claiming work place bullying and harassment until there is evidence documented prior to the performance issues being raised. You also need to have evidence of having suffered and injury from the bullying and harassment. Usually a doctor or psychologist.

 

I think how you behaved wasn't acceptable and with most employers you would be onto your final written warnings.

 

I'm not claiming I was bullied in the workplace. I'm claiming unfair dismissal. I've talked to a lawyer and we have been through everything. this thread has no need to be continued as a couple of people now have said my behaviour was unacceptable, yes maybe asking a colleague a question which turned into an argument wasnt acceptable but at the end of the day you don't know the workplace, the people and the exact situation at hand. The only thing they accused me of that I am guilty of is mobile phone use, and if they want to fire me over that, they may aswell fire all staff..

[Conners]

I didn't assume. I went on what you posted.

 

Yet what they accused me of is false, or something very minor that all staff are guilty of. Can I ask what you do for work? If it's an office job I can guarentee you have checked your phone a few times and have used it at work.

[Imported]

I don't understand how you being a student and unable to work for long periods of times so "getting another job is out of the question", is anyone's problem but your own.

[Jessie1231]

I'm not claiming I was bullied in the workplace. I'm claiming unfair dismissal. I've talked to a lawyer and we have been through everything. this thread has no need to be continued as a couple of people now have said my behaviour was unacceptable, yes maybe asking a colleague a question which turned into an argument wasnt acceptable but at the end of the day you don't know the workplace, the people and the exact situation at hand. The only thing they accused me of that I am guilty of is mobile phone use, and if they want to fire me over that, they may aswell fire all staff..

 

You did claim you were bullied in your original post. I'm in the states also, but I just looked up unfair dismissal and I don't understand how you have a claim at all. Please give an update once your complaint is filed because if you succeed it that, it seems like they are just rewarding negative workplace behavior. You broke rules and admit that. What did you expect to happen?

[Conners]

I don't understand how you being a student and unable to work for long periods of times so "getting another job is out of the question", is anyone's problem but your own.

 

It is my problem but they have unfairly dismissed me so its unlikely that a new potential employer will take me on in my last year and a half of university due to the amount of time I would have to take off work.

[Conners]

You did claim you were bullied in your original post. I'm in the states also, but I just looked up unfair dismissal and I don't understand how you have a claim at all. Please give an update once your complaint is filed because if you succeed it that, it seems like they are just rewarding negative workplace behavior. You broke rules and admit that. What did you expect to happen?

 

What rules did I break that warranted being fired? The only thing I did was use my mobile phone and I've never been told not to or had a written or verbal warning. The other reasons they gave me were just untrue. I know now that it's not acceptable since they told me, but they did not give me a chance to improve my behaviour.. they just fired me. If everyone else does it more than myself and takes personal calls on the work line as well how is that fair exactly?

 

Anyway I can see that by me defending myself I just look stubborn as and you all perceive that to be how I behave in the work place, I can promise you that it's not . I was humble about my dismissal and asked why I hadn't had a warning about mobile phone use and I said I didn't do those other things..

 

A girl in my role previously had deleted many important files and threw all her work in a big mess when she got dismissed, I think that's the reason they said I could finish up then and there.

 

If you look up Fair Work Australia, you can see that if you didn't have a written or verbal warning about minor matters or have a chance to rectify your behavior, it is unfair dismissal and the fact that I had been there more than 12 months. I strongly believe that this is not rewarding negative behavior. The least I am asking for, is a letter of reference, simply because I did my work and I did it well. They have even told me that I was the best person they had in this role.

 

Anyway I will leave this post be.. I'm just getting shot down left right and centre.

[whichwayisup]

Your firing was extreme. Many of times people get warnings and what you did, didn't warrant you to lose your job. With that said, they've taken this other girls side (she obviously greatly exaggerated that you 'abused' her and she probably was in 'tears' so they had to do something) and haven't asked for witnesses or been objective. It could be they were looking for an excuse to fire you..? And this was their opportunity. Since never got warnings or were written up, being fired for something that could've been dealt with in a meeting or been your first verbal warning.

my part time job

 

Will this make a difference legally? If you were full time maybe it would have been handled differently..

[Conners]

Your firing was extreme. Many of times people get warnings and what you did, didn't warrant you to lose your job. With that said, they've taken this other girls side (she obviously greatly exaggerated that you 'abused' her and she probably was in 'tears' so they had to do something) and haven't asked for witnesses or been objective. It could be they were looking for an excuse to fire you..? And this was their opportunity. Since never got warnings or were written up, being fired for something that could've been dealt with in a meeting or been your first verbal warning.

 

 

Will this make a difference legally? If you were full time maybe it would have been handled differently..

 

 

Thank you for understanding my point of view, I appreciate that.

No, part time or full time is the same legally. If I was a casual employee then I can't go for unfair dismissal.

[whichwayisup]

Thank you for understanding my point of view, I appreciate that.

No, part time or full time is the same legally. If I was a casual employee then I can't go for unfair dismissal.

 

You're welcome.

 

Is there an HR department?

 

I think what you experienced is totally unfair and you could win a wrongful dismissal suit. Go for it, really you have nothing to lose. If they can pay out some more $$ that would be great!

[Conners]

You're welcome.

 

Is there an HR department?

 

I think what you experienced is totally unfair and you could win a wrongful dismissal suit. Go for it, really you have nothing to lose. If they can pay out some more $$ that would be great!

 

 

No HR. There is about 13 people in the company so it's fairly small.

Thanks it's not an actual court case or any law suit as of yet, it's just a mediation session with a conciliator from Fair Work. Apparently 4/5 cases are solved at the mediation and come to a resolution which is what my lawyer said will probably happen. He said if he was their lawyer, he would advise my boss to just pay me the 3 months pay to get it out of his hair because there is no way would he win if it went to court and would be a waste of money with legal fees etc.

 

If I was going to pursue another full time job, I probably would not have bothered with all this because I could easily find another job however the fact that I am going to struggle with money for a while and that my boss had a smirk on his face when he dismissed me has got me fairly riled up.