DISCLAIMER:

While the letters below are based on actual cases and clients, any resemblance or similarities to any persons either living or dead is purely coincidental.

The letters are also not to be interpreted as an explicit or implied provision of legal advice.

Rosendorff Lawyers do not advocate violence in any way whatsoever and also do not advocate calling anyone a “lying rodent.”

I have been in my job for over 10 years now and have enjoyed tremendous successes throughout my employment. However recently my boss has been politely suggesting that maybe its time for me to take a holiday…permanently. I think he muttered something about me being too old for the position and that it was time for the company to look at employing some fresh faces… but I could hardly hear him as I was adjusting my hearing aid at the time.

I don’t think its fair as I believe I still have a lot to offer the company and my suspicion is that Peter from Accounts has been busy spreading nasty rumours about me just because he is still bitter about that deal we made back in 1995. I even heard him call me a “lying rodent” to another staff member.

Joe from HR told me that there is not much I can do if I’m sacked because the new “Work Choices laws” that came about last year eliminated my ability to claim unfair dismissal because I work for a company with fewer than 101 employees.

Is this true? What are my rights?

Yours worriedly

J. Howard

Dear J,

We get asked that question all the time and I have some great news for you!It is true that if you are employed by a business that employs fewer than 101 employees, you will not even meet the threshold requirements for being able to claim unfair dismissal.

However this does NOT necessarily mean that you are left with no legal avenues by which to challenge your dismissal or to at least make sure that you are adequately compensated by your employer.
Regardless of the number of employees in the business from which you have been terminated, you may still have several options available to you including claims for:

•    unlawful dismissal (as opposed to unfair dismissal) – and you may even be eligible to receive a government subsidy up to the amount of $4,000 to run your claim
•    wages and conditions claims arising from Award non-compliance
•    breach of the Trade Practices Act 1974
•    breach of contract including breach of implied contractual terms
•    breach of workplace policies
•    defamation
•    bullying and sexual harassment
•    breach of state Equal Opportunity legislation
•    breach of the Independent Contractors Act 1996
•    notice payments
•    redundancy entitlements 

As a firm with extensive employment law expertise, Rosendorff Lawyers will be able to assess your termination situation and comprehensively advise you of your options – which may turn out to be far greater than you had imagined.
And one of the remedies that may be available to you is reinstatement – so Peter from Accounts will just have to wait.