Unfair dismissal

[Lele83]

I was fired from my position that I have been employed in for 5 years working on a FIFO basis as a rail technician. My employer is a large well known company. On a routine urine drug test my results were found to be not if normal temperature and maybe had been tampered with. As a result the test was inconclusive and I was tested again with the results showing 2 types of drugs being amphetamine and marijuana. Due to this I was advised to remain of work until my next schedules FIFO Date. Due to a medical issue and family circumstances I was diagnouaed with depression and unfit for work on that date. I remained off work until the next scheduled fly out date with no info or instruction given by my employer of me to do otherwise. I was then contacted my the company whilst on sick leave with medical certificates to prove this that I was required for a meeting with head office with less than 24 hours notice of when I was required and told I could only bring a representative from the company. I did not have a person who could come with me the following day from the company with the short notice and attended by myself. I was in the meeting fired on the grounds of drug results

 

[hrforme]

I dont' think there are any Australian lawyers or HR professionals on this forum. Most of us are American and know US laws. All I can suggest is getting an appointment with a local attorney and go over the timing with him/her.

 

[army judge]

I dont' think there are any Australian lawyers or HR professionals on this forum. Most of us are American and know US laws. All I can suggest is getting an appointment with a local attorney and go over the timing with him/her.

Not so fast, I hold the QC designation having served as US Defense (Legal) Attache years ago.

OP, all I can do is suggest that the lack of a company representative would not be shown as necessarily detrimental the finding.
You are always free to consult with a local barrister and discuss the matter and your legal rights remaining.

 

[hrforme]

Curious...what is a QC designation? Glad you can be of help!

 

[army judge]

Queens Counsel, Google it. Google is our pal.

 

[hrforme]

Google is one of my closest friends, unfortunately QC can stand for many things : questionable content, quality control, queens college, queens counsel, queen city (charlotte NC), etc. Of course context does help so the #4 choice it is. So yes, I could have probably googled it, but decided to directly ask.

I'll remember that you have this experience in the future.....it's nice to know!

 

[Betty3]

If your drug test was positive, I don't think (doubt) someone from the co. attending the meeting with you would have made a difference to the outcome.

However, as suggested, talk to a local barrister to see if possibly any of your rights were violated & any possible recourse.