Unlocking the Legalese: How AI Legalese Decoder Can Provide Clarity for Those Fired Without Warning
- May 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Unfair Dismissal Concerns: Seeking Legal Advice
Hi everyone, I am reaching out to inquire about the legal implications of unfair dismissal.
A friend of mine recently lost her job after sustaining injuries while working in warehouses. The company has cited her doctor’s report as grounds for termination without any prior warnings. She was simply informed by HR that it was her last day.
In this situation, does she have a valid claim for unfair dismissal?
My friend is hesitant to take legal action out of fear of losing the ability to obtain a work reference from a company she has been with for a long time.
Any insights or guidance on this matter would be greatly appreciated.
### How AI Legalese Decoder Can Help
AI Legalese Decoder can assist in interpreting and analyzing the legal language and terms surrounding unfair dismissal. By using this tool, my friend can gain a better understanding of her rights and potential legal options in this situation. This could provide her with the confidence and knowledge needed to make informed decisions about how to proceed.
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AI Legalese Decoder: Simplifying Legal Jargon for Everyone
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****** just grabbed a
Since it was a workplace injury she will need to go through workcover. Was she on leave from the inital injury? What was the return to work plan? Has she told her RTW co-ordinator of this ruling? What documentation have they provided to inform her of the decision?What is your sister hoping as an outcome? Re-enstatement because she contends with the conclusion?
If the injuries are work related, she should be on Workcover. It might be true that her injuries are such that she’ll never be able to safely do her duties again. From your post it seems that the Dr didn’t clear her fully for her position. If she’s not on Workcover, she needs to do it fast – her doctor should’ve told her about it in the first place. I wouldn’t worry about getting references from them for any future employment because it seems that ship has already sailed. If anyone calls for a reference, they will say she was dismissed due to her injuries and game over anyway. Also, for it to NOT be unfair dismissal, she’d have to be on unpaid leave for more than 6 months I believe. So she should definitely go for workcover and unfair dismissal asap.
Three is a lot of detail missing here, naturally, that would completely reshape any potential actions or outcomes.
I recommend that your sister speak with Fairwork Australia and solicit their opinion and advice.
Just go armed with nothing but facts.
If she’s physically incapable of doing the work, then the employer doesn’t have to warn her to get better, she’s just not capable. If that conclusion isn’t supported by the medical report that’s a bit of a different story, but if that’s pretty much what the medical advice is telling the employer then that’s fine.
However, if she’s sustained injuries whilst working then she needs to contact work cover ASAP. I don’t really know why she hasn’t. But this isn’t an unfair dismissal situation based on what you’ve said, it’s a work cover issue. She should get in touch with them or talk to her doctor about it.
How long has she worked there?
What does her contract say?
Was she given anything in writing?
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Workers comp ASAP (which is an entirely separate process to unfair dismissal or seeking advice from the Fair Work Ombudsman).
I have seen workers who declared falsely in their medical get fired after an injury.
Case in point, worker said they never broke any bones or underwent surgery.
Then after an incident, they slipped up and said they previously had their arms crushed and worked on.
The incident was a workplace incident with no injuries. So not exactly the same situation
Gonna guess she wasn’t a union member