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  • #1020799
    Flash
    Member
    • Total posts: 21
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    Thanks for your support Jayne. Will let you know what happens.

    #1020800
    e-SSENT
    Member
    • Total posts: 46
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    😮

    I’ve been reading this whole thread with my mouth hanging open. Talk about a sore loser! I’m sorry this has been going on for so long for you and it’s costing you so much to prove your innocence. Most people would be a bit hurt if they felt they’d be passed over for an opportunity and either leave or bide their time until it’s their turn… but I guess those possible dollar figures has great motivation. I’d feel sorry for the person who really does wrong them.

    I don’t know if you can say, but has this person been working you all this time too?

    #1020801
    Flash
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    • Total posts: 21
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    Its hard because I cant say too much at the moment as this is still going through the legal process but basically, because I was having trouble managing all 4 States that we operate in I changed the structure of my business so that each State now runs under another company via a Management Agreement. Which means I pay a Management Fee based on sales to those companies to manage the day to day running of each State. When the new Management Company took over this employees State he was terminated from my company and was offered and accepted employment with the Management Company. This was a seamless transistion for him, he was doing exactly the same job for the same hourly rate and stilled worked from home. However, he was working 3 days per week with me but was only offered an initial 2 days with the new company until they could justify the extra hours. He worked for the new company for 11 months and then they laid him off citing financial reasons.
    I will be able to be a bit more open about all the circumstances surrounding his claim once we get a final outcome, which thankfully is only a month away.

    #1020802
    Flash
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    • Total posts: 21
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    Well its a good afternoon for us because we have finally had a decision on the anti-driscrimination case against us. The case was heard back in November 2010 by QCAT in Brisbane, we were told it should only take the morning to hear and we should have a decision by lunchtime. However by 5pm after listening to him try and make his case all day and us saying very little, the member hearing the case said she wouldnt have time to make a decision now but we would definately have the written decision before Christmas. This was disappointing but after listening to him trying to justify his case all day we felt pretty confident. Well it is now April and we have finally received the decision. His case has been dismissed on both Direct & Indirect Discrimination. I was going to say this is a win for us but has anyone really won! It has cost us over $20K to fight this claim, not to mention the personal cost to our health due to stressing about this for over a year. So was it worth fighting? Yes, most definately for us it was. Would we do anything differently? Yes, lots of little things we could have done ourselves rather than rely on lawyers, which would have saved us some money.
    The anti-discrimination process is all geared towards the person who put the claim in and it seemed that we were guilty right from the start.
    I would be happy to chat to anyone that has this type of false claim made against them, just know what is expected at each stage would be a benefit.
    We have been since tighten up all our processes with staff and contractors, as we would hate to ever have to go through this again.
    Thanks to everyone for your encouraging comments… they certainly helped.

    #1020803
    akagrp
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    • Total posts: 315
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    Thank is great news, really happy for you that the decision was on your side

    But as you said no real winners, which is always the case is situations like this.

    #1020804
    Anonymous
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    • Total posts: 11,464
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    Congratulations Flash. I had been wondering how you were getting on, and I’m relieved that this has turned out in your favour.

    Really sorry that it was so traumatic and expensive though! :(

    Thanks for sharing your story with us.
    Jayne

    #1020805
    Flash
    Member
    • Total posts: 21
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    Thanks Jayne, it is such a relief not to have it hanging over our heads.

    Kind Regards
    Wendy

    #1020806
    cokele
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    • Total posts: 47
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    Great to know that everything has come to an end. I can imagine the level of stress you and your family were facing over this year. Although it was a long process, it feels great to know there is still justice in this world.

    #1020807
    Flash
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    • Total posts: 21
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    It has been a very long process but from what I hear down in Victoria VCAT has a 7 month backlog so I am thankful for small mercies.
    I try not to think what I could have done in the business with all the money we spent fighting this but yes justice did prevail, which is what we were after.

    Thanks for your support.
    Wendy

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