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Unfair Dismissal in Australia

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  • Unfair Dismissal in Australia

    Hello, some legal advice is very much appreciated on an unfair dismissal. I was an ex-pat Employee working for a Mine in PNG and was assaulted by a National and then also got quickly terminated unfairly for what they are saying was "serious misconduct" for provocation and verbal abuse. The termination was to aoid another riot by Nationals because I am an ex-pat. Only received a letter of termination and reason for termination after lodging an application for unfair dismissal with the IRC-which they are aware of. The Company is seeking dismissal based on jurisdiction issues of earning over the prescribed amount of $98,200 and location being in PNG. Firstly, I got a payrise only a couple of months ago from $97,00 to $107,00 for good work performance but have worked out from my end of year financial statement that I only earnt $98,125 during the financial year last year. On the issue of jurisdiction on location the mine is managed and owned by a very large Corporate Company based in Perth. Are they accountable under the workplace relations act this being the case? Also, this large corporation in Perth took over ownership and management during my employment so I dont know if under the law they should have provided a new workplace contract. The company are also saying that I only had a "common law agreement" not a workplace agreement or contract, which is also out of the commissions juisdiction they are arguing.
    This Company is very large, they own and manage about 6 mines in Australia and also the one in PNG (they state this on their web page). Under the Workplace Relations Act does this statement mean that I can argue jurisdiction on this point:
    Refer Section 4 WRA
    "Australian employer" means:
    (f) an employer that carries on in Australia, in Australia

  • #2
    You should be eligible under the dollar amount and if they hired you in Australia to then manage aspects of the foreign based property, you should be able to win on their jurisdictional argument as well. Let us know how this develops if you can.


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