Unfair dismissal - not happy with settlement

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  • Dave A
    Site Caretaker

    • May 2006
    • 22807

    #16
    Don't get too down, Minnie. We all make mistakes along this journey called life.

    The trick is to learn some lessons from them and do a better job of things going forward.

    Today's the first day of the rest of your life. Onwards and upwards to a better future, my friend.
    Participation is voluntary.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

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    • Minnie14
      New Member
      • Sep 2010
      • 7

      #17
      Thanks Dave, and all of u. Yes well honestly I would've like to now, cause I also feel there is a lot more to this. Still can't believe it. But yeah, rather wanna use my skills experience etc at another place that would not treat employers like that. (Cause I'm not the only one) Another question please: what do I do when employer do not meet the arrangements as stipulated in the agreement for settlement?

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      • Greig Whitton
        Silver Member

        • Mar 2014
        • 338

        #18
        Originally posted by Minnie14
        Another question please: what do I do when employer do not meet the arrangements as stipulated in the agreement for settlement?
        I stand to be corrected here, but I am pretty sure that you would then approach the Labour Court and apply for a court order to have the agreement enforced (i.e. the Labour Court tells the employer that they must follow through with the agreement or else).

        One of the flaws with our labour law system is that employers can delay the consequences of not playing by the rules (e.g. by simply ignoring settlement agreements or arbitration awards and waiting for the affected employees to apply for a court order to enforce them; or by disputing awards and escalating those disputes to the Labour Appeal Court). I have seen labour disputes drag on for years (in some cases, literally more than a decade) because obstinate employers and their unscrupulous labour attorneys gamed the system even though they were clearly in the wrong.

        Obviously these obstructive tactics can come at a price (e.g. additional penalties or cost orders), but none of that is of much consolation to the affected employees who may end up waiting years for relief.

        One of the important implications of the recent amendments to our labour laws is that enforcement will be sped up to mitigate these scenarios, and penalties for non-compliance will be magnified to deter it from happening in the first place.

        Founder of Growth Surge - Helping entrepreneurs create more wealth and enjoy more freedom.

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        • xcorporation
          Full Member

          • Mar 2014
          • 56

          #19
          I am just curious why someone would be upset with you for a whole year.
          Surely you tried smoothing bricks ?

          Did you gave stuff you were able todo as promises in the recruitment process and unable to adhere to afterwards ?

          I can promise you; if you going to court; your x-manager will take arsenal and facts with.

          Move on ...

          Comment

          • Minnie14
            New Member
            • Sep 2010
            • 7

            #20
            I would've loved that, .... Sometimes its the manager that rather wanna get rid of an employee that knows to much and is actually a threat, and the cost implications of getting employee out of way is much lower than exposure. Not always an employee. I've learned a lot and will take it and go forward.

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