Q and A's about employment with a Dooley & Associates Solicitor

Question	I was away from work for 3 days due to the flu. I was so sick that I couldn’t get to the doctors or answer the phone or the front door. When I returned to work the Employer told me that I was no longer employed there because I had “abandoned” my employment.
Answer	In order to justify their determination that you had truly abandoned your employment your Employer would have to prove that it was reasonable for them to have come to this conclusion. Your Employer would have to show that no other legitimate explanation, like sickness, was possible. Even if they could prove that their determination was reasonable your Employer would have to show why it was not feasible for you return to your old position after such a short period away.
Question	My position has been made redundant, my employer doesn’t have another positions for me, what payments am I entitled to?
Answer	This is a complicated situation and there isn’t a simple or singular answer. It depends on the type of employment you held, the terms of your contract or any relevant Award, how long you have been employed and the size of your employer. If you are a full time employee you will generally be entitled to your annual leave, long service leave (where you have been employed continuously for more than 5 years), notice and a severance payment (if employed for more than a year). If your position becomes redundant call us for advice.
Question	What should I do if I am issued with a written warning?
Answer	Make sure that you read it carefully and ask for explanations of anything that you don't understand. If you do not agree with something in the letter you should respond in writing (by letter or email) and keep a copy of your response. If you have a meeting with your employer, ask for an agenda and that an independent witness be present and keep notes of what happened in the meeting. Contact us for advice.
Question	My employer has requested a meeting to discuss my performance; I am scared I will be given a written warning can I refuse to go?
Answer	No you cannot refuse to go to the meeting, if you refuse then you may be deemed to have refused to carry out a lawful and reasonable instruction that is consistent with your contract of employment. Your refusal can than be the grounds for the finding of serious misconduct.
Question	I was performing badly and so my employer terminated me. They did not offer to help me or give me training is that fair?
Answer	Even if your performance was poor you may still be entitled to bring an Unfair Dismissal claim because your employer did not follow a fair process. The dismissal may be harsh if the employer did not; tell you there were performance issues, tell you what you need to do to improve your performance, provide you with reasonable targets and time frame to improve your performance and tell you that you are at risk of termination if you failed to improve.
Question	I was terminated on the spot for serious misconduct and not paid any notice period can my employer do this? What is serious misconduct?
Answer	Serious misconduct is wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment. If you are guilty of serious misconduct you can be terminated without notice. Your employer must still follow a fair process, conduct a fair investigation, tell you the allegations against you and give you an opportunity to respond to the allegations before making a decision to terminate you.

If you need to discuss an employment issue, please contact us.

For more of Dooley & Associates Q&A series click here.