• Allowing a support person attend is not a legal right, howev | VICTORIA FREEDOM KEEPERS

• Allowing a support person attend is not a legal right, however it is highly recommended to act as a witness and support in difficult conversations.
• An employee can directly ask to have a support person in attendance and does not need to wait for an employer to offer one.
• It is mostly considered unreasonable for an employer to refuse a support person.

Lodging an unfair dismissal claim

Recent FWC rulings have indicated that lodging a claim on the basis that the vaccination mandates are unlawful does not constitute an unfair termination.
However, a claim based on the lack of procedural fairness and the aforementioned alternative considerations may hold more weight towards a successful unfair dismissal claim.

An employee can lodge an unfair dismissal claim with the FWC within 21 days from the date the termination took effect. For more information on how to lodge a claim, please see; https://www.fwc.gov.au/disputes-at-work/how-the-commission-works/lodge-an-application

Disclaimer

The information contained in this article is of a general nature and does not substitute professional legal advice. You should obtain legal advice from a lawyer on before acting on any of the following information. This article is reflective of the laws for Victorian and national system employees.

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