Going after compensation for unfair dismissal?

[whichwayisup]

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.

 

Boss sounds like a cocky a-hole who had it in for you to begin with. or he just gets a high off of firing people.

 

Good luck and I hope it ends in your favour! Do an update once you have that mediation session.

[creighton0123]

I've been on the other side of things here in the past, where I had two employees where were constantly conflicting with one another. And I mean constantly. I talked to both of them, but things didn't improve quickly enough.

 

It was only these two, though. I had to make a decision, evaluated the performance of both, and let go of the poor performer. They accused me of unfair termination and I laughed a bit (not to his face), considering I did not have to provide a reason for his termination.

 

It was one instance where I was glad to be in the USA. Employment at will (you can let someone go at any time for any reason save protected ones - religion, national origin, ethnicity, gender, disability, sexual orientation, gender identity).

 

Needless to say. It could have been as simple as this. You and this woman were conflicting and either she was there longer, she was the better performer, or your bosses simply liked her better. Not sure of Australian law, but in the USA, that is fair grounds for termination.