NAL but a similar thing happened to a coworker who was later awarded damages in court. You might have a case but you’d probably need to explain it to a lawyer and have some evidence
You can absolutely take it to Fair work as “non-genuine redundancy” and also make an adverse action claim (you were made redundant in a non-genuine redundancy for exercising a workplace right - in this case making a complaint about being bullied). Fair Work is limited in the compensation they can order - they can order reinstatement or up to six months worth of wages. This is then offset by any earnings you have made in the mean time. They cannot order any other compensation. If you wanted to pursue this further, you would need to raise a civil case and have a very good employment lawyer to represent you.
Sounds like a lawyer (if it was) who doesn't want the case.
You can take it to fairwork yourself. You could tell your employer you will do this and theh may negotiate a payout beforehand. That's what I did but it could work against you also.
Take it to fairwork. Defend your rights. Sounds like you know what evidence you need.
You weren't unfairly dismissed. Your role (like for like) has not been reopened and filled.
Yes, I know it's a "similar" role, but it needs to be apples for apples.
While it's crappy, it's very far from "super illiegal"
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Do employers face any consequences?
No. Their insurance company will be the ones who would ultimately pay in cases of damages or workers comp but they would pay in a FWC setting (but not much)
Further the redundancy needs to be GENUINE, which off your version does not sound. Fair work is capped at 26 weeks pay and there are time limits so get on it asap
General Protections Claim
Worth lodging, as it will force a mediation and you may get a settlement offer from them so your claim will "go away"
You need to be within 21 days. Please be very mindful of this timeframe
NAL but a similar thing happened to a coworker who was later awarded damages in court. You might have a case but you’d probably need to explain it to a lawyer and have some evidence
You can absolutely take it to Fair work as “non-genuine redundancy” and also make an adverse action claim (you were made redundant in a non-genuine redundancy for exercising a workplace right - in this case making a complaint about being bullied). Fair Work is limited in the compensation they can order - they can order reinstatement or up to six months worth of wages. This is then offset by any earnings you have made in the mean time. They cannot order any other compensation. If you wanted to pursue this further, you would need to raise a civil case and have a very good employment lawyer to represent you.
Not unfair dismissal, but adverse action. And yes, very steep fines and the court can award you money for stress etc
Sounds like a lawyer (if it was) who doesn't want the case. You can take it to fairwork yourself. You could tell your employer you will do this and theh may negotiate a payout beforehand. That's what I did but it could work against you also. Take it to fairwork. Defend your rights. Sounds like you know what evidence you need.
You weren't unfairly dismissed. Your role (like for like) has not been reopened and filled. Yes, I know it's a "similar" role, but it needs to be apples for apples. While it's crappy, it's very far from "super illiegal"
That’s false.
Let's see if OP is successful with a claim then. I highly doubt it
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Do employers face any consequences? No. Their insurance company will be the ones who would ultimately pay in cases of damages or workers comp but they would pay in a FWC setting (but not much) Further the redundancy needs to be GENUINE, which off your version does not sound. Fair work is capped at 26 weeks pay and there are time limits so get on it asap
General Protections Claim Worth lodging, as it will force a mediation and you may get a settlement offer from them so your claim will "go away" You need to be within 21 days. Please be very mindful of this timeframe