Unfair dismissal claims are helped with strong evidence, according to industrial advocates.
Jeremy Walton is a consultant from IR Claims and helps clients file unfair dismissal and general protections claims.
“We often end up with ‘he said, she said’ scenarios, and, as a result, it is difficult for the Fair Work Commission to establish the facts of a case.
“It sounds obvious, but the more evidence you can provide that supports your version of events, the better your chances of a successful outcome.”
Unfair dismissal claims helped with strong evidence
Mr Walton says it’s important to collect any evidence that is relevant to your case.
- emails or memos;
- text messages;
- time sheets, pay slips and rosters;
- witnesses like work colleagues who are prepared to go to court;
- letters from medical professionals; and
- diary notes taken at the time.
“If you are having a workplace issue, it is very important to document everything,” Mr Walton said.
“Make notes of any phone calls, meetings or other conversations or incidents – this can be useful evidence down the track if your case ends up in a court or commission.
“The stronger the case we can present on your behalf, the more likely it is that you will achieve the outcome that you want.
“Whether that be an apology, your job back, a positive reference or compensation.”
Driver who kept meticulous work records awarded $80,000
Previously, IR Claims represented waste truck driver Kym Rake.
His employer underpaid his daily wages, failed to provide lunch breaks, and stole additional superannuation contributions from his wages.
Rake kept meticulous work records detailing every shift he worked, every lunch break he missed and every extra hour of overtime he worked.
“Mr Rake came into our office with a pile of diaries which listed absolutely everything, including which routes he drove on a particular day,” Mr Walton said.
“As a result, our analysts calculated the underpayments and superannuation quickly and easily.”
The employer subsequently back-paid Rake $80,000.
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