PDA

View Full Version : Unfair Dismissal Help



kblakeley
03-11-2013, 07:01 PM
Was looking for some information and came across your forum here and thought that some of the members could give me some advice on my current situation.

So here's the background to my situation. I had been employed a garden centre where I worked in a coffee shop inside the centre since April of 2009, as a "casual". I was never given a contract and was offered the position. As this was when I was in Year 10 of high school I would work weekends like the rest of the junior employees. I would work Saturday or Sunday, one day each week, between 10am-5pm. I was always given a roster detailing this. I had worked there until the 8th of September this year when I walked in one morning and they said that I was being dismissed because they were "cutting costs". The week prior they had hired 2 16 year old employees, while I was about to turn 19 the week after being dismissed.

I have since lodged an unfair dismissal claim, and I've stated that I don't consider myself to be a casual employee because I worked there for so long and had set hours and days. I received a response to my unfair dismissal claim from the garden centre stating that they made everybody aware that once they finished high school they would be terminated. My argument is that including myself there have been 9 different employees since I started there that have continued to work there whilst attending university and so far I'm the only one to be sacked for being in university.

So this leads to my question, based on my history of employment there, do you believe that I A) am not a casual employee and B) have a legitimate case against my employer.

Thank you in advance to anyone that reads this and responds.

Moz
04-11-2013, 10:56 AM
the web page I link to below this should help you to determine whether you are eligible to make an unfair dismissal claim;

Am I eligible to make an application? | Fair Work Commission (http://www.fwc.gov.au/index.cfm?pagename=dismissalseligibility)

also, check that they have been paying you correctly at
National minimum wage - Pay - Fair Work Ombudsman (http://www.fairwork.gov.au/PAY/NATIONAL-MINIMUM-WAGE/pages/default.aspx)

let us know how you get on