Employment Dispute
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CASE 1 -
EMPLOYMENT DISPUTE
KUSCHERT LAW GROUP
Employment Dispute
Our client was a long-term employee for a private age care facility. Our client had accrued more than 10 weeks long service leave, more than 6 weeks annual leave, and was due to receive further long service leave in the coming weeks. The employer raised a series of allegations against our client, which, if proven, would amount to serious misconduct enabling the employer to summarily dismiss the employee. When an employee summarily dismisses an employee, the employer is not required to pay the employee any entitlements they would be otherwise entitled to and does is not required to provide a notice period.
Here, our client was issued a Show Cause Notice (“the Notice”). The Notice required the employee to provide a response to the allegations within a short timeframe. We took instructions from our client a day after she received the Notice. Timing is critical. We were able to respond to the Notice for our client. Our extended response raised sufficient doubt as to the veracity of the allegations, and we put the employer on notice that, should they proceed with dismissal, without notice and entitlements, we would be immediately filing a claim with the Fair Work Commission for Unfair Dismissal.
Shortly after sending the letter, we contacted the employer via telephone to discuss the available options to resolve the dispute. Having considered matters raised in our correspondence, the employer exhibited uncertainty as to the strength of their position with respect to the allegations. Identifying the uncertainty, we proposed a without prejudice offer to resolve the dispute without the need for litigation. The offer was accepted the following day.
Our client received all entitlements owed, including all annual leave, the long service leave accrued to date and due to be shortly paid, plus a further amount equivalent to 8 weeks salary. In total, the client received more than $40,000.00 in salary and entailments in circumstances where being dismissed and receiving nothing was not only a realistic outcome, but probable.
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