Fuzzball wrote on Oct 11
th, 2018 at 7:53am:
greggerypeccary wrote on Oct 11
th, 2018 at 7:04am:
"f you have been dismissed from your employment you may be able to make an application to the Fair Work Commission under either unfair dismissal or general protections dismissal laws. Applications under these laws must be received by the Fair Work Commission within 21 days of your dismissal taking effect."https://www.fwc.gov.au/termination-of-employment/unfair-dismissalAnd make sure he doesn't do anything illegal, like withholding any accrued annual leave you might have had.
Plus, if the dismissal was effective immediately, you need to be paid in lieu of notice.
Didn't take you long to put your 'sales' cap on pessary.........
I'd make no money from it.
There's a $72 application fee that's paid to the FWC (if mike's in a union, they will pay that fee for him).
That's it.
No need for a lawyer, or any other expense.
There's next to no chance at all that he'll get his job back, but that's not what these claims are about most times.
Lodging an unfair dismissal claim is a way of ensuring that an unscrupulous employer pays all of the employee's entitlements on termination.
If mike's boss has paid him in lieu of notice, and is not withholding any accrued annual leave, then there's no need to lodge a claim.
However, if he sacked him on the spot and is refusing to pay what mike is legally owed, then an unfair dismissal claim is the best option.
What usually happens is: the employer receives the notice from FWC; freaks out; calls the ex-employee back in for a friendly chat; a reasonable & fair termination package is agreed upon; everyone walks away happy.
Once that money goes into the employee's bank account, the employee discontinues the unfair dismissal claim with the FWC (by filling out a very simple form, which costs nothing).