Was my hubbie unfairly dismissed?

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Just a thought, as the company said they will provide you with a good reference could you not ask the company for a reference in writing now and use this to support your claim that your hubby was not incompetent?
While it is frustrating for you both that the company can treat him like this in what is obviously a crude cost cutting exercise and seemingly get away with it, perhaps you should think about speaking to a rights commissioner just to get a professional opinion and some indication of the time and costs which would be involved.
 
Hey all. Thanks again for the advice. We had a talk about it over lunch and he has decided to just let it go. We don't have the money to risk a poor reference (those ones that say employee worked here from A to B and nothing else) as the most important thing is keeping a roof over our heads.
He is still only in mid 20s and should be able to get another job based on his experience. Had he not sent in his resignation we probably would take it furthur as the onus is now on us to prove he was constructively dismissed as opposed to them proving they dismissed him fair and square.

We won't be so naiive should it ever happen again. It is disgusting the way the treated him but they will suffer in the long term as they have hired a younger, less experienced guy to do the job (less expensive) and husband will definitly NOT be showing him the ropes and lighting his way. Therefore the shop will (hopefully!) suffer. Their loss.


I won't tell you to risk your house... but once he is setteled into a new job and doing well it may be worth looking at again....
 
Hi ailbe
to back up what jhegarty and sheena have said, you have six months to lodge a claim, so you can hang tight for now and as I have previously said, you do not have to be legally represented at an unfair dismissals case. You can represent yourself, or be represented by a trade union. I have seen claimants win their cases on their own, even when opposed by lawyers - the tribunal or the rights commissioner ensures that the matter is dealt with fairly. What I would do for now is (1) get your reference (2) preserve any letters, memos etc (3) get your husband to write an account of everything that has happened, sign and date it (4) have a chat with the staff in the rights commissioners - that costs nothing.
 
OP you may well have saved you and your spouse a great deal of uncertainty and aggravation.

Indeed I too want to avoid unnecessary aggravation. For, I am now going to leave it all to the 'experts'. Those among you who know everything about everything, that's the majority of you by the way, how lucky you all are! I wish I was as able and wise as you all, I really wish that I too was smart enough to offer a definitive opinion on everything conceivable.
 
OP you may well have saved you and your spouse a great deal of uncertainty and aggravation.

Indeed I too want to avoid unnecessary aggravation. For, I am now going to leave it all to the 'experts'. Those among you who know everything about everything, that's the majority of you by the way, how lucky you all are! I wish I was as able and wise as you all, I really wish that I was smart enough to offer a definitive opinion on everything conceivable.

I think everyone was in an agreement that the OP and her husband should get professional advice. That's a given.

It's not a crime to discuss topics in an intelligent way...and if someone can benefit from another's experience or mistakes that can only be good. I thought that was the point of AAM.
I could equally criticise you for advocating the gutless easy way out when faced with a problem...but I won't!
 
I've locked the thread as I don't think there's anything constructive left to add.

If when the dust has settled the OP does decide to take further action, it might be interesting to hear the outcome.
 
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