tadgh99

Sorry, I am not in a position to say anything as we are taking legal action. Once it's all done I will be more than happy to go into the details and even name and shame some of the people involved (they are poms, so may well be known to readers on this site). I only wanted to pop on here to give readers an update as to what had happened so far (for those that were interested or provided some help) as I know how rude and frustrating is can be when you offer some advice and the OP just disappears off from the forum leaving you high and dry as to what happened.

Worse...can't comment on what they threatened exactly, but they threatened something that they couldn't enforce or initiate as it isn't down to them.

My partner was not on performance management. There was no adherence to the disciplinary procedures (as laid out by them in the contract). Normally I would agree with you about moving on. But (i) knowing that several members of staff there have been involved in gross misconduct acts and had no action taken against them (not even a warning) (ii) The view within in the industry was that the offence was not serious enough to warrant the action my partners former employer took. Disciplinary action is not bullying is correct. But undertaking a disciplinary action (and threatening if they don't resign, is bullying. Would you not agree?

When going down the Fair Work Commission route first of all, there isn't an option to classify this as constructive dismissal, the closest description on the FWC application is "Resignation due to employers behaviour". Which is still seen as Unfair Dismissal in the eyes of the FWC. However, you are correct (outside of the FWCs remit) in that this is a case of constructive dismissal as my partner resigned and was not sacked.

Hi All, Just an update. The clock was indeed reset. But we've now engaged a solicitor who thinks that my partners former employer have breached a number of employment procedures. Can't go into anymore detail as I don't know who is reading this thread. Suffice it to say, this is far from over and our solicitor is well and truly on the case

I can't go into details about it (obviously), but the feedback my partner has had (from Senior Execs in the same industry) is that they've been extremely over zealous with their actions. There are also procedures to be followed, which haven't been done.

Hello, Wonder if anyone could shed some light or suggest a good law firm. We arrived at the end of last year under my partners 457 visa (sponsored by my partners employer). Recently, my partner has been forced to resign from the job or face disciplinary action. Suffice it to say, we believe that we have a strong case of unfair dismissal against the employer and have lodged a complaint with the Fair Work Commission. My partner has been employed by the company for over 5 years in the UK and this was an international transfer. Upon speaking with a couple of No Win No Fee companies, they have stated that because my partner has been here less than 6 months, my partner would be unable to take any action against the former employer in Australia.:skeptical: I'm no legal expert but, surely, the duration of my partners employment is way over the minimum of two years in total for dismissal cases which would mean we could bring a case against the employer? Or does the clock reset to zero upon moving to Australia? There is no break in the contract and has been classed continual employment with the same company. Would anyone reading have any views on this or know of any employment law company that specialises in international transfer cases? We're based in NSW Thanks in advance.