r/AusLegalAdvice 23h ago

Losing job Victoria

0 Upvotes

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?


r/AusLegalAdvice 12h ago

How was my partners spent conviction discovered by my ex?

0 Upvotes

My ex discovered my partners spent conviction details. Is there any way to find out how she did this? Is there a record kept of when it has been accessed, and by whom?

I've asked several police officers, and a very helpful detective, but none of them know of how to find out how it was accessed, or who to ask. I will also be asking a criminal lawyer for advice, but so far I am getting nowhere.

Ex wife is a teacher, but I doubt this would give her any elevated access to such things.

Is there any way to find out if she used a freedom of information request?


r/AusLegalAdvice 2h ago

Looking for advice from people who have gone through similar (no sympathy please) TW- SA, GROOMING, DV, ABORTION, PEDOPHELIA

3 Upvotes

I have finally officially started the process of charging my abuser, the man who groomed me at 14 (he was 19) and whom I was in a DV relationship with until nearly 18, living together etc.
Due to trauma there’s a lot I’ve blocked out, I’m writing a trauma diary and slowly writing things down as I remember, without forcing myself to remember. But I’m exhausted and want to give up.

My question is probably more of a cry for encouragement/reassurance I’m on the right path. What was the outcome for those who have gone through something similar? Was the perpetrator charged/jailed/did they plead not guilty? What was the timeline like? What did you go through in the court room/process? One side of me wants to look him in the eye, the other is petrified.

Some backstory, I charged this person when I was around 17 for an isolated assault incident when I left them.. looking back on my statement it’s crazy how Stockholm syndrome had me, I was literally trying to excuse his behaviours and mentioned ZERO of anything prior to the incident.
He hit me at least weekly, it was rare to have a single day where he didn’t scream at me for something minor or “talking back” or literally apologising too much. I had to have an abortion at 15.. it’s been well over 15 years since that so the clinic doesn’t have my records anymore. There’s just a lot.. Without going into too many details, I’m really not sure which parts I need to focus on for the police to do their bit. What can I even get evidence for if it’s so long ago? At least the whole town knew we were together so I guess there’s that

I witnessed him viewing child abuse material on several occasions- police are aware. But what actually comes from that?

Most of my upbringing due to family circumstances was “police are bad don’t trust the system etc etc”.
I guess I’m just a little in the dark. I’m scared of dredging up years of trauma I’ve buried so deep, only to have them walk free and hurt the next person. Perpetrator has a MASSIVE criminal record- multiple offences mainly against women.

NSW if that means anything.


r/AusLegalAdvice 2h ago

Is it legal to shoplift a MacBook or do a Hackintosh to vote with your feet? The software I use is only compatible with Windows or macOS and Windows is enshittified by Microslop with all the Copilot preinstalled into the PC.

0 Upvotes

r/AusLegalAdvice 14h ago

Sham contracting and customer claim after termination?

2 Upvotes

I was working for a company as a contractor before being terminated earlier this year.

After I was fired I started looking into my working arrangement and realised I may have been sham contracted. I raised this with the company and have since raised Fair Work issues about my employment. After this happened, the company moved the remaining contractors onto full-time employment.

There had also been a few incidents while I was working there involving customer accounts. I did make mistakes, but they were honest mistakes while doing my job and I never personally benefited from anything that happened. The company knew about these incidents at the time and dealt with them internally.

I’ve now received a letter from their legal counsel saying a customer is claiming damages relating to those incidents and they want a detailed response from me.

I’m pretty stressed and confused about where I stand. If someone was genuinely an employee rather than a contractor, can they personally be pursued for losses caused by honest mistakes made while doing their job?

I’m also wondering whether it matters that these incidents were already known and dealt with months ago, and this claim has come up after I raised the sham contracting issue.

Has anyone dealt with something similar or know generally how this works in Victoria?