Sally* worked as a permanent part-time picker and packer in the wholesale industry for almost seven years.
Twenty days prior to accumulating seven years of continuous service (and potentially being entitled to pro rata long service leave) her employment was terminated.
She was informed that her employment was being terminated because the company could only provide day shifts to casual employees.
The dismissal was harsh, unjust and unreasonable and her employer did not provide a valid reason for why Sally was dismissed. Her employer also did not make the dismissal related to Sally’s capacity or conduct and did not pay her
in lieu of notice.
Losing her job had a negative impact on Sally’s personal and economic situation as she was over the age of forty-five, a single parent, living in a remote location, was financially disadvantaged and at risk of homelessness.
Sally filed an Unfair Dismissal Application in the Fair Work Commission. Prior to the matter proceeding to the hearing, Working Women Queensland negotiated 11 weeks redundancy pay, an additional three weeks in lieu of notice, and an additional two weeks because her employer had delayed making the payments.
Working Women Queensland also negotiated that the termination be recorded as a redundancy, a detailed Statement of Service be provided, and a guarantee that the employer would provide a prospective future employer with an appropriate reference.
(*not her real name)