by jnotlimah  03/11/2012  990 Page Views
6 Comments  Employment law, compensation law
Hi, i'm new to this forum but I've been reading quite a bit of good advice over the past few days and wanted to raise my issues with people who are a little more up to speed on the legal side of things.

I've been a full time employee at my current place of work for over 8 months. In that time i've been promoted once and have been working hard and I was happy with how things have been going.

Three days ago I received a phone call, whilst on holiday, telling me that my employment has been terminated with immediate effect. The reason given was "gross misconduct". When I asked further around the misconduct I was referred to an email I had send the previous Friday asking a question to another college questioning if I should proceed when asked verbally to do something that I was comfortable to do on moral and professional ground. Apparently this email was undermining an instruction by a senior member of staff and was unacceptable.

During my employment I have received no warnings, written or verbal, and no hints of any poor performance.

To complicate the matter more my partner also works in the same office and was on her 3 month probation period. Her employment was also terminated however we have only confirmed that today by phone call. She was not informed, and her line manager knew nothing about this until she rang him to ask what was going on. He then called back today to say that she has been terminated because I have been and apologised to her and said it would all be in a letter we should received in a few weeks time.

To further complicate this we are in Australia on 457 (Business long stay) visas from the UK and are going through our permanent residency visa application, which is sponsored by the company. We paid $8.5k of our own money for this and are awaiting further information from the company before it is submitted.

I have since had a director of the company call me asking question in regards to what has happened and he said "something seriously dodgy is going on here". He apologised and said he will get to the bottom of this but could not make any promises to me for obvious reasons. This is the man who hired me and I had a good relationship with.

I still have email evidence showing the email in question and its ambiguous at best. The company has had a 'gung-ho' attitude with firing people however this is far more controversial that I have seen previously. I was a manager of a staff of 24 and quite a few have tried to contact me and tell me they are going to quite because they feel they have no job security as i've been fired for doing my job.

My question is, what is my best course of action? Where do I and my partner stand legally? I've read a lot that as she has been there less than 6 months she has little chance of any further action.

Any advice / feedback would be appreciated.