請問鄭大律師有關被解顧問題

gigi_ltz

My friend was working in an Australian retail store,She has applied a sick leave on Friday with the manger that she couldnt be able to work on that day, the manager has accepted.
On the next day, she was noticed that her contract with her workplace has terminated.
Can she do anything with this ? Is that illegal to terminated the contract with her for the reason she was sick that day ?
While she asked the manger again why she got fired , the manager said the policy is the policy, don't struggle with it and don't bother to come.

What can she do with this , thank you

is she working full time, part time or casual? if she is permanent employee, her employer has no right to terminate her on the basis of one day sick leave.

If she has that termination reason in writing, she can sue the employer for unfair dismissal or she can contact Fairwork Australia, they will have a case manager to help you.

回复 fiona81 的帖子

She is in a casual position and the dismissal was send by message , can u message be evidence ?

it's a bit hard if she is casual, employer has right to terminate anytime...But She's better to contact fairwork australia, they can offer free advise and i am sure message can be an evidence if it's end up in court

她可以提供有医生出具的病假单吗？

回复 zhan0112 的帖子

Yes she can , but is it useful ?

One of the great problems for casual workers is being sacked without warning
and without reason. Casual workers are commonly just ‘written off the roster’.
Despite what your boss might have you believe, it’s important to know that even
as a casual you have many rights in regards to dismissal. Even if you are a new
employee, there are still laws to protect you and action you can take if you are
treated unfairly.

You may have a case for unfair dismissal or unlawful dismissal. This can lead to
reinstatement or compensation. It could also lead to possible penalties against
your employer. It is not legal for your boss to sack you for reasons such as
raising health and safety concerns, being too old (to be paid youth rates), or
complaining about unfair shift changes.
Casual workers have all the same rights as permanent workers when it comes to
health and safety and equal opportunities at work. If you are sacked it is important
to seek advice and support from your union and co-workers immediately.

gigi_ltz 发表于 2012-1-30 14:09
回复 zhan0112 的帖子

Yes she can , but is it useful ?

其他的等郑律师来补充吧
如果你说的都是事实
是因为健康原因被开除
我觉得可以争一争

回复 zhan0112 的帖子

Thank you for your advice , she has tried to get some help from some organisation for discrimination and unfair treatment , but to follow up they asked her to pay money first while she didn't ... Shoud she find a lawyer directly ?

你好，
我相当同情你朋友的遭遇。如果她是以casual worker的形式受雇的话，她 的工资是比一般工资高25%的。但她没有病假，年假等福利。如果她以casual basis受雇的话，雇主是无需每天给她工作的，亦无需规定每周工作量，因此如果雇主解雇她是不可投诉的。
以casual worker的形式受雇的人士如果想以unfair dismissal or unnormal dismissal，必须工作一段长时间，并证明在该时间段内每星期都有工作。追讨赔偿是比较困难的。

此致
郑玉桂律师敬上
澳大利亚国际公证律师