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08/02/2004 BACKARCHIVE: Generic - Barristers in robes and wigs at Southport Magistrates Court .

NEED legal help? Reader Elizabeth did, after her daughter was sacked for breaking a mirror.

Elizabeth wrote to Public Defender, saying: “My daughter accidentally cracked a mirror at work. She was a first-year apprentice. Her boss said she would get no wages for the rest of the week to pay for the damage. She had to take time off work due to the stress. She got certificates from a doctor. Later she was given an ultimatum — pay for the damage or be dismissed. She was then sacked. We went to the Fair Work Commission but got in too late. Where does my daughter stand?”

BRYDENS LAWYERS responded: “It is unlawful for the employer to withhold payment of wages. I assume the certificates that you provided detailed her unfitness for work. So she could lodge a claim with the Workers Compensation Insurer to claim benefits, including wages. The dismissal would in my view constitute an unfair dismissal thus entitling you daughter to make a claim through the Fair Work Commission. Of course there are very strict, and in my view unreasonable, time limits imposed in connection with the lodgement of an unfair dismissal claim. There is provision for an extension of time. Given that your daughter was without legal advice or representation and unaware of the time limits then I would have thought she would have had a good case for an extension.”

Brydens is here from 1-2pm today to answer your legal queries. Leave your question through the comment field. You can do so before 1pm, but be sure to come back to see the answer — and what others are being assisted with.