Regularly we receive calls from employees ,  owner drivers and contractors asking a myriad of questions and here is our daily sample

Q : I have been working as an interstate truck driver with a large transport company, my current position no longer exists,  they have offered me a job interstate am I entitled to redundancy : Tim,  Wagga Wagga.

A : Dear Tim, The answer is yes, because your past employer has not offered you suitable alternative work (i.e travelling interstate is definitely not appropriate) and the National Employment Standards  and the Road Transport Distribution Award allows for appropriate redundancy pay.

Q : I have been working for a national retailer and I was dismissed for allegedly not informing management of an alleged communication problem between two junior employees which I had handled effectively ? Nick,  Sydney.

A : The answer is yes. Management should have issued you a warning if they believed you had not handled the problem effectively. However termination was completely inappropriate.

Q : I have been working as the General Manager of a registered bowling club and without any notice the Board terminated my contract sighting workplace performance issues, have I been unfairly dismissed  ?  Jan , Sydney.

A : The answer is yes. The Board should have addressed your concerns in writing considering your seniority and length of service and even explained what were your alleged performance shortcomings.

Q: My daughter works for a large National Law Firm, and she has been bullied and victimized for many years. Today a lawyer approached her and said, “ enough is enough go and do something about this they cannot get away with it any longer”. Sue, Brisbane.

A : Workplace bullying is rampant throughout many Australian workplaces and few people ever speak up about it. Please ask your daughter to maintain a detailed diary of what is occurring and make an appointment to see Mr. Boghossian to discuss her legal avenues of redress.

Q : I have been working as an owner driver for a large manufacturer for over 10 years and yesterday they told me my services are no longer required ? Brett, Altona, Melbourne.

A : Dear Brett, your past Principal Contractor has a requirement to provide you  minimum notice of the termination of your contract pursuant to the Victorian Owner Drivers and  Forestry Contracts Act. 

Q :I  was employed for a company for just over one year , suffered a work place  injury  (lower back whilst lifting) in May 2011 and was dismissed some 4 weeks later whilst still on workers compensation, what claim do you recommend I lodge ? Graham, Albury Wodonga.

A: My recommendation will be to consider lodging a General Protection Order claim because it seems you were dismissed because of a workplace right, namely your right to apply and receive workers compensation whilst injured. On occasions employers do become irate when employees are injured and comments like  “ a broken leg takes less time to heal than a sore back “ is very common. Nevertheless an Employer’s obligation is only to assist the Employee to lodge a workers compensation claims and ensure a safe return to full time work. In the instance that you have been terminated within two months of the injury  this is unfortunate but highlights a complete disregard by your employer of your work place rights.