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CharleneT's avatar
CharleneT
Member
11 years ago

Diagnosed with BC and getting made redundant

I am an accountant working for a public listing company in Melbourne for 4 years now. I was diagnosed with bc on the 6th February 2015. When I returned to with on the 9th February, I was told that my job was made redundant. I couldn't believe how this could happen. Being diagnosed with bc and losing my job at the same time. My boss told me they are relocating my job to Perth office (although Melbourne office is still operating as Head Office). They have made 2 other team members redundant since but has not given me a notice yet due to my illness. However, my boss was talking about giving a notice now last week.

I was employed under NES contract. Does anyone know if it is unlawful to terminate my employment while I have been diagnosed with bc? I have done some research online. Apparently, according to Australian Law, they can't terminate me for at least 12 months.

7 Replies

  • Jane221's avatar
    Jane221
    Member
    11 years ago

    Hi Charlene, so glad that the Cancer Council were helpful :-) Wishing you all the best, Jane xx

  • CharleneT's avatar
    CharleneT
    Member
    11 years ago
    Hi Jane, yes I was very disappointed that my employer did not show any empathy for my situation. You are right about speaking to Cancer Council in Victoria. I have rang them and told them about my situation, they are passing my case to their legal team and will be contacting me in 5 business days. Hopefully, I will get something before speaking to my boss again. I definitely get much more support from the cancer council than fair work ombudsman. Thanks. Charlene xoxo
  • CharleneT's avatar
    CharleneT
    Member
    11 years ago
    Hi Jessica, Thank you for your reply. Yes it was incredibly difficult time for me to face breast cancer and job lost at the same time. Being a single woman with no family living in Australia have made things even more difficult. You are right that I shall seek advice quickly before it was too late to strike a deal with my employer. I have rang fair work and told them my situation but the advice was very minimal. They have told me to lodge an unfair dismissal claim if I think the termination was unlawful. I have read a few cases on Internet, I have very strong feeling that it may fall under discrimination of my disability to work. I have just started my 1st chemo, there are 5 more to go and then lumpectomy. I really don't want to go for a lengthy legal battle at this point of time. Will keep in touch on this website. Any advice will be much appreciated. Thanks Jessica xoxo
  • CharleneT's avatar
    CharleneT
    Member
    11 years ago

    Hi Karen, my employer only started to talk about redundancy after breast cancer. I have rang fair work ombudsman, they only gave me very general guidelines to lodge unfair dismissal after termination. My contract does not fall into any award, therefore only NES rules applied. Thanks xx

  • Jane221's avatar
    Jane221
    Member
    11 years ago

    Hi, I'm so sorry to hear that you are facing redundancy alongside your breast cancer diagnosis - that really is crappy. I'd agree with Jessica and suggest you contact the Fair Work Commission and discuss your situation, but you may also want to speak to the Cancer Council in Victoria as they offer a legal referral service for workplace issues and may be able to give you some good advice. Their number is 131120.  I hope you are able to find the support you need so tat you can concentrate on just getting well again. Best wishes, Jane xx

  • Cook65's avatar
    Cook65
    Member
    11 years ago

    Hi

    did your employer know about the breast cancer before they started talking about making you redundant? You need to ascertain what award you fall under. Definitely contact the fair work ombudsman to find out where you stand legally. The NES are the broad guidelines but your award goes into the nitty gritty. Get as much info as you can on your rights. Good luck with it all. Karen xox

  • JessicaV's avatar
    JessicaV
    Member
    11 years ago

    Hi, this is a horrible thing to do to you, at a time when you must feel very vulnerable and find it hard to actually fight to get a fair deal.. Can you contact the federal Fairwork ombudsman and ask them for advice and assistance? I think you may also come under the state or federal discrimination against someone on the grounds of health and disability issues ie Human Rights commission or antidiscrimination dept might also be able to give you some good assistance. Also, does your professional body offer either free legal advice or advocacy? . I strongly suspect they are not allowed by law to do this, but unless you do something quickly you may find it is too late. Keep in touch on this site, I will ask around and may be able to help more.