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Unfair Dismissal?

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owlsecret View Drop Down
Newbie
Newbie


Joined: 17/September/2017
Location: Australia
Posts: 2
  Quote owlsecret Quote  Post ReplyReply Direct Link To This Post Topic: Unfair Dismissal?
    Posted: 17/September/2017 at 00:07
I was terminated on the grounds of absentee, there was previous warning in regards to my sick leaves and late notification to the employer, on the date I was terminated by the manager, it was over the phone with no written notice, after a month, the operation manager contacted, given me 2 options whether to reinstate to the formal position or have all my annual leave paid with 5 weeks additional as compensation for the incorrect admin procedure of termination
I have gathered 2 factual information regards to the case
"You can discipline, and potentially dismiss an employee for not following rules about taking sick leave e.g. notifying the employer as soon as practicable of sick leave absences.
You can also lawfully terminate the employment of an employee who has exhausted their paid sick leave entitlement and taken more than 3 months of sick leave days in a year"
"if an employer fails to observe its own disciplinary procedures and policies, which require procedural fairness to be given to employees, it will breach the implied term of trust and confidence."

Is my case strong? Should I take the offer? what would be the estimate outcome if i dont?

owlsecret View Drop Down
Newbie
Newbie


Joined: 17/September/2017
Location: Australia
Posts: 2
  Quote owlsecret Quote  Post ReplyReply Direct Link To This Post Posted: 17/September/2017 at 00:22
please help me, i only have time till tomorrow to make a decision

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 299
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/September/2017 at 21:27
Call fair work to see if they believe you were not treated appropriately.

But unless you have a very strong case (a good reason) for not notifying your employer of your inability to attend work, I expect you are stuffed.

A good reason could be you were in hospital in a coma after an accident.

A bad reason could be you were paralytic from a heavy night on the turps.

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