She should definitely get some legal advice about pursuing an anti-discrimination claim. This is completely illegal, and they have admitted to her that the reason for dismissing her is that she has children. Wrong, wrong, wrong. Please encourage her to speak to a lawyer. Start by looking at the workplace authority website and the state industrial relations website and also anti discrimination websites. If she gives some of them a call I'm sure they'll say the same thing.
Shocking.
That is not unfair dismissal - it is UNLAWFUL dismissal which is very different - ie. it is illegal to terminate someone based on their parental or carer status. She has a case and should lodge a claim with the Human Rights and Equal Opportunities Commission. It is also unlawful for them to withhold her entitlements so yes she should mention she will be taking herself to a lawyer to claim these entitlements.
e mail current affair or sunday night and perhaps contact the local ombadsman, thats if how you spell it! when my DF finished his apprenticeship early he was entitled to a bonus cash payment from the government yet the company he was working for took it and we called the local ombadsman ( if thats how you spell it! ) and he sorted it out!
Was this exchange seen by any other workers? Get your friend to write everything out whilst she remembers it. If she can get the employer to write in writing why she is being let go, you have great evidence for a courtcase. Otherwise witnesses and your friends notes are really important.
Is she in a union? Is there one she can talk to? Definately seek legal/antidiscrimination advice because it doesn't sound right.
You are 100% correct, based the facts you have provided this is illegal and called unlawful dismissal and may also be a breach of some of the new provisions of the Fair Work Act.
There is plenty she can do.
My suggestions
* First thing Monday morning contact the Fair Work Ombudsman 13 13 94 and make a complaint.
* Make a full written record of what was said, who was present (this will be very useful to the FWO Investigators).
If you go to the Human Rights and Equal Opportunity Commission (HREOC) you will need to prove the offence yourself, if you go to the FWO there are trained investigators who will investigate and prosecute the employer if found to be in breach. They will also help her get her correct entitlements paid to her. The bonus is there are no fees whatsoever. Please impress upon her that the FWO takes this sort of treatment very seriously indeed.
I would encourage her to act swiftly, the sooner the better.
Thats absolutely disgusting! I cant believe they fired her for that reason and actially told her that was the reason (usually they just make up some other reason like 'we're downsizing, dont have enough work'). Your friend should definately go through the industrial relations thingy and lodge an unlawful/unfair dismissal claim. She needs to do it within 3 or 4 weeks of being fired though (i think.. that was the rule when I got fired for no real reason).
With regard to paying her out - she isnt necessarily entitled to anything, it really depends on what her contract says, and whether she was permanent or on a fixed period contract etc etc. Its all rather complicated because of the wording in the contracts. But your friend should definately get in touch with industrial relations and get started on a claim for unfair dismissal, and call her employer to get a seperation certification and letter to say when/why she was sacked.
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