Regional lawyer claims she was unfairly fired in 2 days

The lawyer who said she was forced out of her job because she slept in the firm’s offices has filed a wrongful termination complaint against another firm where she had worked for just two days.

Yolande Dubow has filed an unfair dismissal claim with the Fair Work Commission against Kaur Legal, a regional law firm in Bella Vista for which she worked between April 3 and 5 of this year.

Deputy Chairman Michael Easton said a person must have worked the “minimum period of employment” before they can make a claim for unfair dismissal, which typically lasts between six and 12 months, depending on the size of the company involved .

The commission contacted Dubow to ask her to provide evidence to support her claim that she worked more than two days and warned her that her request would be rejected if she did not contact them within 14 days. Several attempts to call Dubow were unsuccessful during this time.

Easton ultimately denied the request, finding that Dubow had ample opportunity to “submit his case for review on all issues material to the making of the dismissal decision.”

Given that evidence suggests Dubow only worked for Kaur Legal for two days, Easton said there was “no reasonable prospect of success.”

Earlier this month, the Fair Work Commission dismissed an appeal over Dubow’s failed unfair dismissal claim against Port Macquarie-based boutique East Coast Law.

Dubow experienced housing difficulties during his time at East Coast Law and a lawyer allowed him to stay at the firm for two nights.

Asked what arrangements she made after that date, Dubow responded: “Would you like me to resign by January 31 (2024) or wait until February 15?” The situation is untenable and I take a lot of painkillers and I don’t make any money.

The company accepted his resignation.

Dubow told the Fair Work Commission that “no notice was given or even respected for my right not to be dismissed” as she recovered from an injury suffered around Christmas.

Vice President Tom Saunders said Dubow’s chances of success in his request for blanket protection “are low.”