Unfair dismissal

What is the worst unfair dismissal you have seen/ heard of?

Do we need a law that automatically terminates a boss who unfairly terminates an employees employment?

The case that irks me is a worker was dismissed for working 15 minutes, 30 minutes and 1 hour unpaid overtime on top of the standard 8hr work day at the Bunbury City Council.

"IN MY OPINION" the CEO at the BCC sacked an employee as they were threatened by the employees capability. The employee was a CEO in Tassie and was outperforming. To cut the individual's performance down the employee was given two warnings for working over 8 hours and then terminated.

If this happened to you, what would you do?
 
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Apr 7, 2012
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* i wish i could get sacked for working unpaid overtime. instead its the opposite where i work.

as for the worst case of unfair dismissal i worked for an indian dude who sacked a fellow employee when he found out he was Pakistani.
his defence was that he had lied and told him he was indian. Not sure what the pay out was but the indian guy got the boot from HO office within 2 days of the internal investigation being launched.
 

darth_timon

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I don't want to say too much lest I land myself in hot water (though it's highly unlikely my former English employers are following an Australian Football forurm), but I consider myself the victim of an unfair dismissal (well, I was maneuvered into resigning, lets put it that way).

Basically, I did break a rule, but I was far from the only one doing so, and it was ignored at a company level for several years. All of a sudden there's a crackdown, with no warnings to anyone, and excuses as to why this was the case. If I were to say I was bitter about it, it would be an understatement.
 
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How would the boss losing their job work in a small business where the owner is the boss?

you can't lose your job if your the owner, you can only lose the business. In which case your no longer the owner and the answer is the same as any other business. In small Business this happens a lot owner racks up debt is forced to sell. in most cases some or all of the staff also get the axe.
 
What is the worst unfair dismissal you have seen/ heard of?

Do we need a law that automatically terminates a boss who unfairly terminates an employees employment?

The case that irks me is a worker was dismissed for working 15 minutes, 30 minutes and 1 hour over an 8hr work day at the Bunbury City Council.

"IN MY OPINION" the CEO at the BCC sacked an employee as they were threatened by the employees capability. The employee was a CEO in Tassie and was outperforming. To cut the individual's performance down the employee was given two warnings for working over 8 hours and then terminated.

If this happened to you, what would you do?
Idiocy rules supreme in Public service.
The boss responsible should be pilloried in the local square.
Then sacked.
 

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The case that irks me is a worker was dismissed for working 15 minutes, 30 minutes and 1 hour over an 8hr work day at the Bunbury City Council.

"IN MY OPINION" the CEO at the BCC sacked an employee as they were threatened by the employees capability. The employee was a CEO in Tassie and was outperforming. To cut the individual's performance down the employee was given two warnings for working over 8 hours and then terminated.

If this happened to you, what would you do?
Im glad I don't work there. I regularly do only about 15 minutes, 30 minutes or 1 hour in an 8 hour work day.
 
Im glad I don't work there. I regularly do only about 15 minutes, 30 minutes or 1 hour in an 8 hour work day.

sounds like you would fit in quite nicely!

just to clarify, he was sacked for doing unpaid overtime
 

Kynge of Begrem

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What is the worst unfair dismissal you have seen/ heard of?

Do we need a law that automatically terminates a boss who unfairly terminates an employees employment?

The case that irks me is a worker was dismissed for working 15 minutes, 30 minutes and 1 hour unpaid overtime on top of the standard 8hr work day at the Bunbury City Council.

"IN MY OPINION" the CEO at the BCC sacked an employee as they were threatened by the employees capability. The employee was a CEO in Tassie and was outperforming. To cut the individual's performance down the employee was given two warnings for working over 8 hours and then terminated.

If this happened to you, what would you do?
Do you have a link to the case?
 
What is the worst unfair dismissal you have seen/ heard of?

Do we need a law that automatically terminates a boss who unfairly terminates an employees employment?

The case that irks me is a worker was dismissed for working 15 minutes, 30 minutes and 1 hour unpaid overtime on top of the standard 8hr work day at the Bunbury City Council.

"IN MY OPINION" the CEO at the BCC sacked an employee as they were threatened by the employees capability. The employee was a CEO in Tassie and was outperforming. To cut the individual's performance down the employee was given two warnings for working over 8 hours and then terminated.

If this happened to you, what would you do?
Really need a link so we know what the hell you are talking about.
 
Do you have a link to the case?

just happened this week. a person "involved" in the termination was crying because they felt so bad about what happened. the person knew what was happening was wrong but felt their own job was on the line if they didn't follow the CEOs oreders and terminate the worker (title: director).

The CEO was watching the hours the worker was coming in and out by the alarm codes. Who the Fk does that?
 
Really need a link so we know what the hell you are talking about.

pretty simple, the CEO terminated a worker's employment for working unpaid overtime. The worker was given two warnings; one for working 1 hour over, another 30 minutes over and then terminated for working 15 minutes over.
 
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Really need a link so we know what the hell you are talking about.

no link unfortunately. I'm thinking of raising the issue in the media but will probably call the mayor on Monday.

The worker was a CEO in Tasmania and moved across to WA for the job as a director. The Bunbury CEO may have felt threatened by a senior person working underneath him and dealt with it in such an unfair way.
 

Kynge of Begrem

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no link unfortunately. I'm thinking of raising the issue in the media but will probably call the mayor on Monday.

The worker was a CEO in Tasmania and moved across to WA for the job as a director. The Bunbury CEO may have felt threatened by a senior person working underneath him and dealt with it in such an unfair way.
Has the matter been heard? Do you know if they are a federal system employee?
 

Kynge of Begrem

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pretty simple, the CEO terminated a worker's employment for working unpaid overtime. The worker was given two warnings; one for working 1 hour over, another 30 minutes over and then terminated for working 15 minutes over.
Could only be for refusing a lawful direction I guess, on the scant details I have, I would not want to be defending the decision at FWC.
 
Has the matter been heard? Do you know if they are a federal system employee?

The guy was just informed on friday(?) so he probably hasn't spoken to a lawyer yet
 
Could only be for refusing a lawful direction I guess, on the scant details I have, I would not want to be defending the decision at FWC.

The individual crying kept saying "it was a lawful direction" in a way to comfort themselves but we all know not all breaches could reasonably result in termination.

The individual is not in a position to remedy but damages include the loss of moving interstate, costs associated with buying a house, loss of income and potential loss of income.
 
Could only be for refusing a lawful direction I guess, on the scant details I have, I would not want to be defending the decision at FWC.

Only scant details available unfortunately. But the person crying had to deliver the news and has kept full notes on the events leading to the termination.

No other issues were raised other than disobeying a lawful instruction not to work over 8hours per day.
 
no link unfortunately. I'm thinking of raising the issue in the media but will probably call the mayor on Monday.

The worker was a CEO in Tasmania and moved across to WA for the job as a director. The Bunbury CEO may have felt threatened by a senior person working underneath him and dealt with it in such an unfair way.

My understanding is your friend is not able to claim unfair dismissal as he would earn over the threshold amount; > $136,000 i believe is limit.

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The Unfair Dismissal High Income Threshold Explained

Written on the 5 August 2015 by Gavin Hanrahan

The high income threshold for unfair dismissals refers to the highest possible income an employee can have, unless they are covered by an award or enterprise agreement, before they are excluded from making an unfair dismissal claim against their organisation. This threshold applies under the Fair Work Act 2009 (Cth) and changes every year on July 1st. The following shows how much the threshold has increased every year:

2015 - $136,700

If an unfair dismissal claimant is not covered by an award or enterprise agreement, and was earning greater than the high income threshold at the time of dismissal, then the employer may have a defence as to jurisdiction to the claim However, any such defence must still be heard and argued before a representative of Fair Work Commission (formerly known as Fair Work Australia). In any case, it is recommended organisations immediately seek legal advice once being served with a Unfair Dismissal Claim so the lawyer can assess if any defences are available.
 
I got sacked from one job because I upset the union rep (voted against him...he got rather upset..seems he'd assumed he had my vote, and he only just scraped in).

Next day I got to work a bit late (not unusual) and the foreman advised me that I was being let go.

While the reason was legit I suppose, the timing was pretty clear...I asked the foreman and got a look that confirmed my suspicions.
 
My understanding is your friend is not able to claim unfair dismissal as he would earn over the threshold amount; > $136,000 i believe is limit.

MENU


The Unfair Dismissal High Income Threshold Explained

Written on the 5 August 2015 by Gavin Hanrahan

The high income threshold for unfair dismissals refers to the highest possible income an employee can have, unless they are covered by an award or enterprise agreement, before they are excluded from making an unfair dismissal claim against their organisation. This threshold applies under the Fair Work Act 2009 (Cth) and changes every year on July 1st. The following shows how much the threshold has increased every year:

2015 - $136,700

If an unfair dismissal claimant is not covered by an award or enterprise agreement, and was earning greater than the high income threshold at the time of dismissal, then the employer may have a defence as to jurisdiction to the claim However, any such defence must still be heard and argued before a representative of Fair Work Commission (formerly known as Fair Work Australia). In any case, it is recommended organisations immediately seek legal advice once being served with a Unfair Dismissal Claim so the lawyer can assess if any defences are available.

my friend was the poor mug sent in to do the CEOs dirty work
 
I got sacked from one job because I upset the union rep (voted against him...he got rather upset..seems he'd assumed he had my vote, and he only just scraped in).

Next day I got to work a bit late (not unusual) and the foreman advised me that I was being let go.

While the reason was legit I suppose, the timing was pretty clear...I asked the foreman and got a look that confirmed my suspicions.

you have to love agenda in the work place
 

Kynge of Begrem

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My understanding is your friend is not able to claim unfair dismissal as he would earn over the threshold amount; > $136,000 i believe is limit.

MENU


The Unfair Dismissal High Income Threshold Explained

Written on the 5 August 2015 by Gavin Hanrahan

The high income threshold for unfair dismissals refers to the highest possible income an employee can have, unless they are covered by an award or enterprise agreement, before they are excluded from making an unfair dismissal claim against their organisation. This threshold applies under the Fair Work Act 2009 (Cth) and changes every year on July 1st. The following shows how much the threshold has increased every year:

2015 - $136,700

If an unfair dismissal claimant is not covered by an award or enterprise agreement, and was earning greater than the high income threshold at the time of dismissal, then the employer may have a defence as to jurisdiction to the claim However, any such defence must still be heard and argued before a representative of Fair Work Commission (formerly known as Fair Work Australia). In any case, it is recommended organisations immediately seek legal advice once being served with a Unfair Dismissal Claim so the lawyer can assess if any defences are available.
Was he covered by the Council EA? If so he would have the opportunity to seek redress in FWC, assuming he was a Federal System employee.
 
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I got sacked from one job because I upset the union rep (voted against him...he got rather upset..seems he'd assumed he had my vote, and he only just scraped in).

Next day I got to work a bit late (not unusual) and the foreman advised me that I was being let go.

While the reason was legit I suppose, the timing was pretty clear...I asked the foreman and got a look that confirmed my suspicions.

You could still have challenged that... Unless you had a history of being late.
 
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