Unlawful Dismissal - Maternity Leave
Published 1 year, 8 months ago in My life.I am due to return to work on May 5 after 12 months maternity leave. Last week I received a letter from my empoyer acknowledging that I have been on maternity leave for 11 months (actually, I haven’t yet), and informing me that while my job no longer existed in a 30-hour capacity I could jobshare with my replacement (she would do 40 hours and I would do *up to* 5 hours per day, 2 days per week). I was not offered the 40-hour per week position (and in fact, there is no documentation anywhere to say that I was not doing 40 hours before my leave commenced anyway, and I was actually paid for a 40-hour week).
After 8 years of loyal service, I am shattered to have received this “kiss off” letter. Eight years of doing all the officework (accounts, payroll, general clerical, BAS’s for 5 companies, PA, etc) and this is the thanks I get ?!
I called WorkChoices and they advised me to send him a reply letter outlining his legal obligations. So I did. Three days later I received a letter from his solicitor telling me that I was made redundant at the start of my maternity leave.
How is it that in one letter he can acknowledge my maternity leave, and in the next, say I was made redundant last May ?? How is it that I am ‘redundant’, and yet my replacement (who I trained 100%) has a 40-hour per week job doing exactly the same things I have been doing for the past 8 years ?
I also can’t figure out how it is that I have only now been notified that I have been made ‘redundant’. Funny…I still have the keys to the office and internet access to the company bank accounts. I have also been into work on three occassions during my leave to assist my replacement - and I was paid for it. How can I be redundant but still employed and paid when it suits them ??
I called WorkChoices again…and the Industrial Relations Commission…and JobWatch…and the Office of Workplace Services… I was given the names and numbers of even MORE organisations to speak to regarding compensations and claims.
How is the average person expected to receive a fair go when they are shoved from pillar-to-post like this ? I called a law firm and was told that it would cost me $235 per hour to receive their help. HELLO…I don’t have a job !! It’s SO not fair that my employer can waltz into his solicitor’s office and pay to have me unlawfully dismissed, and yet I cannot afford to even defend myself 
I am going to call some more law firms today, but it may be that I am forced to lodge an Unlawful Dismissal claim through the IRC without legal representation. I don’t care about financial compensation, I just want my employer to pay for what he has done. He needs to learn that you can’t DO this to people.
I am DISGUSTED that I have to fight so hard for justice when I have done absolutely nothing wrong. I did absolutely NOTHING to deserve, warrant or provoke this.
Has anyone else gone through this and what was the outcome ?
13 Responses to “Unlawful Dismissal - Maternity Leave”
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I am so sorry about what has happened to you. It is so awful and unfair. I don’t really have any advice or help to offer other than to say - make sure you keep a record of all contact and paperwork that you have had with your workplace. It sounds like there has been some major double dealing going. You cannot be on maternity leave from a job that does not exist.
Best of luck with this matter. I sincerely hope you are able to resolve it to your satisfaction.
Considering it’s an a election year try going to your local federal MP’s offices, try to use both sides of the political fence to your best advantage. Write to Mr.Howards office (his IR Laws are responsible for this sort of thing), threaten to make an issue. Name and shame who you worked for. Do as gold suggested make sure you keep records and names of all contacts etc. Only if people make a lot of noise can these sort of abuses be changed. Good luck & lets us know how you go.
Don’t know what good it’ll do you Pinky but your local federal ALP candidate/ MP would love to hear from you I’m sure.
Thanks for the support guys. I don’t intend on letting this rest because it’s just not right !! I’ll follow up with my local MP
Sorry to hear that. I know it’s hard, but please keep fighting.
If you get stuck, try the links on this page.
http://www.nationalprobono.org.au/HowtoFindDraft5.html
I agree with fossil, talk to your MP or ALP Candidate. Also, if you’re in a union, get in touch with them, they’re very likely to be able to help. You’ve done the right thing by sharing your story with others here on Nook - the more people that know how unfair the new IR laws are, the better.
A good website for those against John Howard’s unfair Workchoices laws is:
http://www.rightsatwork.com.au/
They’re campaigning for fairer work laws, and if you join their mailing list they’ll keep you up to date on campaign activities. You don’t have to be part of any political organisation to get involved.
All I can say is appaallling!Shame on your employer and the IR laws.
Just letting you know that I have emailed my local MP. I also emailed a Federal Liberal Senator and the 9am show this morning. I also have an appointment with a solicitor tomorrow afternoon.
Sending you a big hug Pinkcow. Hang in there !! There is no loyalty anymore !!
Hey, Name and Shame this employer here… I for 1 will write a letter stating how disgusted with there treatment of you… & hopefully lets put a black ban on anyone using this businesses services .. Go girl
I agree with kazzbar, name your employer here and also get in touch with the large papers like the Herald Sun. It just goes to show how much we need unions to fight for us, it wouldn’t cost cent in legal fees if you were in one! What he has done is definitely illegal and I’m sure if you got in touch with Maurice Blackburn or Slater and Gordon they we take it on a no win no charge basis.
kazzbar, I’d LOVE to name and shame my ex-employer, but I wont. With legal action pending I feel I should keep my mouth shut in case it gets ME into trouble LOL.
I’d love to email all his clients to make them aware but it’d be my luck he’d take ME to court for slander or something if he found out. I might contact the union though.
Anyway…IRC claim has been lodged and I will be paying a solicitor this week to make some phone calls etc.
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