this post was submitted on 23 Nov 2023
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Anyone ever had to fight an employer for unfair/constructive dismissal? Any tips/links/resources gratefully received
(not for me - for family member)
First thing is to document everything.
Then seek advice from a union if in one or fair work.
yeah, speaking to the union.
it is hard, though, because everything has been "informal".
I will say that, with the exception of direct line manager, my family member is universally praised by both colleagues and clients. I am not just biased - they do an exceptional job.
What do you mean by informal?
Anythings that happens, whether a passing comment or outside of an official meeting should be documented as it would be counted and depending it could end up as workplace bullying if it was exceptionally blatent and what was said.
If nothing is done offically and they just got fired it'd probably end up being an unfair dismissal.
informal as in "informal performance management". it is now progressing to a formal process involving HR, but there is literally no reasonable basis for it. This person has hit their PD, every written performance target, is imme separate popular in their organisation and with clients because they're so good at their job.
Just at a loss as to how to proceed.
Yep. Took them to fairwork, self represented and got a payout. My favourite part was being asked if their lawyer was able to stay at the hearing, and of course I said no.
I had a diary of events, well documented. Waited until I was made redundant then lodged the case.
can I ask what sort of basis you had for your claim, a d what evidence was required? feel free to DM
Get a very good lawyer.
Keep records of everything. Take notes of verbal conversations.
Don't let yourself be intimidated or blinded by bullshit
yeah, we are thinking about the lawyer, but it's hard as nothing has actually happened yet, in terms of dismissal. it's just been a process of making a hostile workplace, frivolous performance reviews, and about to go into a more formal performance review. It is obvious that the aim is to force a resignation, but it's hard to know exactly how to respond :(
never resign