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Q: Wrongful dismissal ( No Answer,   2 Comments )
Question  
Subject: Wrongful dismissal
Category: Business and Money > Employment
Asked by: inverchaolin-ga
List Price: $20.00
Posted: 26 Dec 2004 20:12 PST
Expires: 25 Jan 2005 20:12 PST
Question ID: 447608
Background:
Served RAN 1951 to 1968.    During period 1963 to 1968 RAN and Royal
Navy "pressured" and or "pressed" me into resignation.    Eventually
"forced" to resign during 1968.

My service includes 12 period of active, or war, or operational
service and I have had major back injury from a fall in Vietnamese
waters in September 1965 accepted for payment of disability pension.  
 With acceptance of my poor hearing, my disability level was
determined as being 90%, for which I receive a small payment.

Separately I have been diagnosed with Bipolar Disorder and with Post
Traumatic Stress Disorder and consequential problems including
incontinence, irritable bowel, impotence and other disorders.

Liability was accepted for Aggravation of Bipolar Disorder from
September 1963 and I was paid for 4 years from 1988 to 2002, then
advised that payment could be increased by a further period of up to
28 years if additional information was provided.    This information
was provided and checked with the Veterans' Affairs (DVA) Delegate who
gave the advice.    DVA then fought me, but promised my solicitor
settlement (said to be between $2 and $4 millions) BUT DVA reneged !!!
   Instead DVA warned that if I did not accept their piffling offer of
$10,000 + $10,000 costs DVA would sue me for all that had been paid
and use "incrimination evidence" against me !!!

DVA has forced settlement with me, but I have resisted and am still
resisting on the basis of DVA and RAN breach of Duty of Care, Natural
Justice and Human Rights on many accounts, also DVA's repeated lying,
Prime Minister's lying, others lying to various departments about me
and to me !!    Furthermore there are at least 9 investigations each
affecting the outcome of the case and which the PM advised were being
conducted BUT which The Ombudsman advises are not being conducted !!

There is a complete impasse and blockage.

I have put proposed resulution, but NOTHING !!!


It is obviious that I have been sidelined !!!


Another and new course of action suggested by an expert witness is
action for WRONGFUL DISMISSAL, due to RAN pressure so forcing my
resignation in 1968, at which time and from well prior to 1963, we now
know that I had Bipolar Disorder and later PTSD and other
consequential problems.

What are the timescales please ?

What are the steps please ?

How can I obtain assistance please ?

I am a severely disabled veteran who is on a small pension and whose
minor payment from DVA has largely been used to fund legal assistance
in remaining afloat - to the tune of approximately $60,000 !!    With
no joy !!

I also have a case of Breach of Contract or Wrongful Dismissal from St
George Bank which breached contract and fired me shortly after
"head-hunting" me for a very senioir appointment in 1996.

I was too ill and did not have the financial resources to pursue this
case at the time, but believe that there is a very good case which
could help my financial and perssonal position considerably.

Please let me know the guidelines and any other info on each that may help.

Sincerely


JDA
Answer  
There is no answer at this time.

Comments  
Subject: Re: Wrongful dismissal
From: probonopublico-ga on 26 Dec 2004 22:17 PST
 
Hi JDA

I am truly sorry to hear of your problems but I doubt if you will find
any way forward other than to seek professional advice and/or to
contact appropriate support groups.
Subject: Re: Wrongful dismissal
From: gfmaster-ga on 26 Dec 2004 22:37 PST
 
inverchaolin,
I fear that any response from a researcher or other commenter will not
be able to assist, as our talent is in finding hard to get information
and your questions are more general in nature.

However assuming you are an Australian citizen (implied from your
description of circumstances) a wrongful dismissal case is not
possible due to the length of time since the incident (and in any
event, awards made for such an action rarely exceed 6 months salary).

Maybe the best way you can achieve justice is to be able to say to
yourself, that those who have done you wrong have not beaten you. The
best way I know of doing this (a very powerful way) is to forgive
them. Certainly not for their sake, no its all for you. It really does
alter things when you can say that ?I won?t stoop to their standards?.

Another idea is to help people. No matter your circumstances you can
contribute to others who are less fortunate than yourself. If you
choose to do this, a handy place to start would be by talking to your
local doctor. They have knowledge of community organisations, where
you could contribute some time and effort to make at least a part of
the world a better place.

Kind regards,
gfmaster

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