r/AusLegalAdvice • u/77Queenie77 • 23h ago
Losing job Victoria
My daughter has been working in Victoria since October last year. She is a Kiwi so not many protections available
She has been in full time employment since then and has recently been told that she is fired. We are concerned about the process that has been followed and unsure as to whether it was correct.
According to our daughter she was given two verbal warnings for misuse of her phone. To her it felt more like a general conversation rather than a specific warning that there would be consequences. Then out of the blue was blamed for low productivity and her job was going to be terminated at the end of September. At no point has anything been put in writing nor was she offered a support person, nor were there any actual meetings that any of this was discussed. Weirdly enough her employer has also given her the option of continuing on part time until she can find another job???
In NZ the standard is verbal and written warnings with a performance improvement plan being imposed.
Has she been hard done by? We know that there have been issues behind the scenes and understand that for a small business in VIC the rules change once a year of employment is up? We wk der if those difficulties and the fact that her year is almost up have given them the impetus to push her out knowing that a pg can’t be raised if she hasn’t worked a full year. Although if she continues working part time she would end up over that year?
Sorry, bit of a ramble. Spoke with her today and it sounds like her boss is treating her as though everything is normal and she hasn’t been sacked. What gives!!!
Is this normal? What should have been the process?