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Regional lawyer claims she was unfairly fired in 2 days
The lawyer who said she was forced out of her job because she was sleeping in the firm’s offices has made an unfair dismissal complaint against another practice she worked at for just two days.
Naomi Neilson
Yolande Dubow lodged an unfair dismissal application to the Fair Work Commission against Kaur Legal, a Bella Vista regional law practice she worked for between 3 and 5 April this year.
Deputy president Michael Easton said a person must have worked the “minimum period of employment” before they can lodge an unfair dismissal application, which is typically between six and 12 months, depending on the size of the relevant business.
The commission contacted Dubow to request she file evidence to support a claim she worked for more than two days and warned her the application would be dismissed if she did not contact them within 14 days. Several attempts to call Dubow failed during this time.
Easton eventually rejected the application, finding Dubow had ample opportunity to “put her case for consideration on all matters material to the making of the decision to dismiss”.
Given evidence suggested Dubow only worked for Kaur Legal for two days, Easton said there were “no reasonable prospects of success”.
Earlier this month, the Fair Work Commission dismissed an appeal of Dubow’s failed unfair dismissal application made against a Port Macquarie-based boutique, East Coast Law.
Dubow experienced housing difficulties during her time with East Coast Law and a solicitor allowed her to stay at the firm for two nights.
When asked about arrangements she made after that time, Dubow responded: “Would you like me to resign as at 31 January [2024] or wait until 15 February for your leave? The situation is untenable and I am on a lot of pain killers and not making any money.”
The firm accepted her resignation.
Dubow told the Fair Work Commission there was “no notice period applied or indeed respect for my right to not be terminated” while recovering from an injury she sustained around Christmas.
Deputy president Tom Saunders said Dubow’s prospects of success in relation to her general protections application “are weak”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
