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Case Study - Karl
Karl was hired by fast food restaurant chain Bill's Burgers to work in their East town store as a casual employee. For the last nine months he has worked 15-20 hours every week, even though the shifts have been on different days.
Two days ago Karl was told that he would not be offered any more shifts. Karl was not told why he was taken off the roster.
If you are thinking about making an unfair dismissal application, your first step is to work out whether you were dismissed.
You may have been dismissed if:
If you are forced to resign this is sometimes called 'constructive dismissal'. Constructive dismissal may also happen if:
If you think you were unfairly dismissed, you should get
legal advice as soon as possible.
If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed.
You may not have been dismissed if:
If your employer put you on a fixed term or seasonal employment arrangement just to avoid their obligations (for example to avoid paying you certain wages or to avoid providing you with other conditions or entitlements), you may still be able to make an unfair dismissal application. If you are in this situation, you should get
If you haven't been dismissed but you are currently experiencing any workplace bullying, you may be able to make a bullying claim in the Commission. You should get