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Unfair Dismissals | General Protections Dismissals | Unlawful Terminations
Workers Reminded They Have Just 21-days To Make Unfair Dismissal Claims

Workers reminded they have just 21-days to make unfair dismissal claims

Teekay argued unfair dismissal laws didn’t protect Richmond because he had not worked the minimum period of six months.

His first swing happened between 8 December 2017 to 5 March 5 2018.

His second swing started on 9 June 2018, and finished on 29 September.

The company told him to expect his next swing to commence in late January 2019.

He told the Commission he considered the time off between each swing as “leave”.

However, Teekay argued Richmond’s two swings constituted two separate periods of employment.

Therefore, as a casual, his employment terminated at the end of each swing when all his entitlements were paid.

Deputy president Lyndall Dean agreed, finding clear evidence Richmond’s employment “was terminated at the end of each swing”.

Therefore, she concluded his employment ended in September last year, making his application for unfair dismissal in February this year well outside the 21-day deadline. 

She consequently dismissed his application.

The lesson

Mr Heffernan from Dismissals ‘R’ Us says the lesson is simple – don’t delay!

“If you believe you have been unfairly dismissed from employment, get in touch with us immediately,” he said.

“The Commission strictly enforces its deadlines, so if you miss out, you miss out for good.”

Contact our team at Dismissals ‘R’ Us on

1800 434 733

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