Unlawful Dismissal - A Helping Hand
Published 1 year, 3 months ago in My life.I have made so many phone calls and spent so much time online trying to find the information I need, I thought I should post all my links here to help anyone else who needs them.
WorkChoices or phone 1300 363 264
WorkChoices ~ Assistance Schemes
Two assistance schemes have been established under WorkChoices for employees who believe they have been unlawfully terminated and for people involved in workplace disputes.
Unlawful Termination Assistance Scheme (UTAS)
If you have lost your job and believe you may have been unlawfully terminated you may be eligible for assistance through the Unlawful Termination Assistance Scheme (UTAS).Alternative Dispute Resolution Assistance Scheme (ADRAS)
If you are involved in a workplace dispute you may be eligible for assistance under the Alternative Dispute Resolution Assistance Scheme (ADRAS).
Human Rights & Equal Opportunity Commission or phone 1300 656 419
Australian Industrial Relations Commission or phone 03 8661 7777
Click on Procedures & Legislation in the sidebar for Termination of Employment.
An employee who believes he or she has been unfairly or unlawfully dismissed has 21 days from the dismissal date to lodge an unfair or unlawful dismissal application with the AIRC. There is an application lodgment fee of $51.40. However, this fee may be waived in cases of financial hardship.
Industrial Relations Victoria or phone 1800 363 264
The first link in the main body of the page will take you to the ‘Long Service Leave’ section
Law Institute of Victoria ~ Employment Law or phone 03 9607 9311
Law Institute of Victoria ~ Legal referral service
Provides free referrals to legal practices around Victoria. All referrals are to Law Institute of Victoria members who practice in specific areas of law.
Job Watch or phone 03 9662 1933
An employment rights legal centre which provides assistance to Victorian workers about their rights at work.
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Depending on your employment classification and award, the following may not apply to you. I have included this information for anyone in a similar employment and termination situation. I was employed under the Clerical and Administrative Employees Award, and the sections listed below are applicable in my situation (Unlawful Dismissal due to Maternity Leave).
Workplace Relations Act 1996
a PDF copy of the Act
Section 280 ~ Return to work guarantee — maternity leave
Section 281 ~ Replacement employees — maternity leave
9 Responses to “Unlawful Dismissal - A Helping Hand”
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Now, I know this is going to upset some people but this is half of the problem. If as an employer you have someone working for you who half the time is late or unreliable and the other half incompetent then your should be able to sack them. But of course there is a whole raft of laws and any number of schemes where they can plead and appeal and all the time it costs the employer money. If you’re any good at your job and you get sacked, get over it and get a new job.
And guess who pays the wages of all these schemes and commissions ?
Wow. No-one’s railroading you hey Pink? Unfortunately, most are not as resilient, persistent or resourceful and they DO get railroaded.
This could be a very useful list. Thanks. And good luck.
Trouble is Dr Fell there are a lot of employers that are users & abusers. Without employees how the hell would employers have a business & derive an income, so they owe the employee and employees should have rights, fair enough there are some who don’t desreve those rights but the vast mojority do.
Dr. Fell, the problem is that you havent been around for this saga, If you think that to sack someone on maternity leave is ok im glad I dont work for you, this has nothing to do with dereliction of duty!!! As for employers that seem to jump to conclusions and always know everything they usually know nothing, I assist employers in protecting their legal exposure daily and it is sad to say the ones with a chip on their shoulder (its the systems fault,my employees fault…….etc,etc) are the ones that are the hardest to help, and the ones that I try to avoid……..glad I dont work for you
Don’t listen to Dr.Fell. He eats people. That is not a trait one looks for in a compassionate employer, nor a shoulder to cry on. Besides, I thought he was leaving. Weren’t you leaving?
Give ‘em hell Pink.
I’m not going to bother responding to Dr Fell, except to say that until you have the facts, keep your narrow-minded opinions to yourself !
Na I’m just flat out working…..do you want me to leave? I have thought about it ‘cos this is a bit like a soapy and i cant always keep up, but I want to see how pinkcow works out.
I might do a vote me off post soon I reckon I’d get a few votes to go…quite a few
That’s a weird little response ark. Sorry if you misunderstood but my question was addressed to Dr.Fell.
Not that I want Doc to leave, just that I thought he said he WAS leaving. I don’t recall you posting anything that would attract a mass please go vote.
Did you misunderstand ark? Or are you juggling a couple of nooks? hmmm.
Woops sorry fossil, I re-read your entry and see what you intended (to ask the question of Dr. Fell) One nook is enough dont ya think? more than enough for me! and in the early days of the nook I had a fierce dialogue with the likes of Ackbar, red dwarf on the evoloution rubbish and I can be quite challenging at times (i,m working on something wait and see)