Unlawful Dismissal - Maternity Leave - Part 2
Published 1 year, 7 months ago in My life.
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For anyone following / interested in my case, I have a concilliation hearing with the Industrial Relations Commission on the 16th May.
My solicitor is also still attempting to settle the matter prior to the hearing.
My ex-employer is still claiming that I was made redundant, though his initial letter to me acknowledged my maternity leave (how can I BE on leave if I was redundant ??). Furthermore, I was first advised of this ‘alledged’ redundancy in March 2007, (the “redundancy” occurred in May 2006 according to his solicitor).
He is also disputing the name of company I was employed by…not sure why ? I was employed and paid by the parent company, he is saying I was employed by the subsidary company. Both companies are completely separate entities. As far as I am concerned, I can’t be sacked by a company I don’t work for…
So, no news yet, but I will keep you informed.
Thanks to those of you who have offered words of encouragement and support 
7 Responses to “Unlawful Dismissal - Maternity Leave - Part 2”
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Good for you pinkcow, hope the hearing goes well. Don’t let the bastards wear you down.
they may be trying to skirt the laws by saying you are employed by a smaller company..
If only they would realise that supporting family leave and encouraging people to return to work in whatever capacity suits them when they have young kids will actually result in well-trained, experienced and loyal employees.
I was on the 7th year of a series of contracts when I became pregnant with my second child and subsequently became someone that was no longer an attractive option to keep on the books.
Glad you’ve called in the professionals to make sure you are treated properly. Hope it is over soon - and in your favour. Good luck
They are “dodgy as” pinkcow, they will come unstuck if you persist, Ask your lawyer to seek records of redundancy and how they informed you. there are two reasons he is trying to shift your employment to another company. 1. as youare states (but I don’t think so) 2. I bet that this company has very little assets, if he looses (and it appears he has little hope of defending your claim—on the accounts youve stated) that the company will not have the assets warrant pursuit of damages. Get your lawyer to do asset check including title search (i’ve found $$$ stashed away in property before in company names) your superannuation employer contribution statement is a good way to check who you were actually working for.
Thanks for the support guys
Hope you get a fair and good result.
Best wishes!
When you get in the conference listen VERY VERY carefully to what the employers solicitor is saying, especially if he asks you questions. I know from experience they try to twist everything you say to suit themselves. If you are not too sure of what they are saying think carefully before you speak,or ask your solicitor or the conciliator for clarification of the question. The conciliator won’t mind, and it will take the sting out of the employers solicitor if you stay calm and in control. Good luck.