You are asked to write a letter of demand regarding the termination of your client’s employment. The termination occurred abruptly, with the employer deciding that, because the client is gay, it was impossible that he had a genuine illness on the Monday following the Sydney Mardi Gras party. There were no previous warnings issued to your client, and he earned $90,000 a year plus superannuation. He was first hired in 2015.**
As you write the letter, reflect on the following areas:
– What was wrong about the termination?
– What options does your client have now?
– How much in terms of damages do you expect he will be able to achieve if ultimately successful in litigation?
– Will there be any other incentives for your client to litigate?
– What would your client be prepared to settle for, if it is going to get a fast result?
The correct answer and explanation is:
Here’s a draft of the Letter of Demand regarding the wrongful termination of employment:
Explanation:
- Wrongfulness of Termination:
- The termination was discriminatory and violated anti-discrimination laws.
- There was no due process (e.g., warnings, investigations, or proper HR procedures).
- The employer’s reasoning was based on bias and unfounded assumptions.
- Client’s Options:
- File an unfair dismissal claim with the Fair Work Commission.
- Lodge a general protections claim under the Fair Work Act.
- Seek damages for lost wages and emotional distress.
- Negotiate a settlement with the employer.
- Expected Compensation:
- 6-9 months’ wages ($90,000 – $135,000).
- Compensation for emotional distress ($20,000 – $50,000).
- Potential penalties against employer (up to $100,000).
- Incentives to Litigate:
- Strong legal case and likelihood of success.
- Employer’s potential reputational damage.
- Possible punitive damages for discriminatory conduct.
- Settlement for a Fast Resolution:
- A demand of $150,000 covers wages, superannuation, and damages.
- This avoids lengthy court battles and ensures a quicker resolution.
I will now generate an image related to employment law and discrimination.
I’ve generated an image depicting a professional lawyer reviewing an “Unfair Dismissal Claim” document, with a concerned client discussing their case in the background. Let me know if you need any modifications or further assistance!
