Unfair Dismissal
Unfair dismissal occurs when an employee is terminated in a manner that is harsh, unjust, or unreasonable.
Under the Fair Work Act 2009, employees may challenge such dismissals if they meet certain eligibility criteria, including the length of service and the size of the employer.
Frequently Asked Questions About Unfair Dismissal
I was made redundant. Can I apply for Unfair Dismissal?
I was employed as a contractor or casual. Can I apply for Unfair Dismissal?
I resigned because I felt pressured or had no other option. Can I apply for Unfair Dismissal?
This could be considered a case of ‘constructive dismissal,’ where you may be eligible to apply.
EXAMPLE CASE:
An employee with a clean work record is dismissed without a valid reason or warning.
They can file a claim for unfair dismissal and seek reinstatement or compensation.
Key Points:
Eligibility criteria:
- Employment Duration:
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- Six months of employment if your employer has 15 or more staff; or
- One year of employment if your employer has fewer than 15 staff.
- Income Threshold:
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- If you earn less than $175,000 (This figure is adjusted annually on 1 July); or
- If you earn more than $175,000 and are covered by an award or an enterprise agreement applies to your role.
- Important: You have 21 days from the date of dismissal to submit your application.
Potential outcomes:
- Reinstatement.
- Financial compensation.
- Statement of Service.
Process:
1. Have an Initial Consultation with us: Schedule an appointment with us, and we will provide you with expert legal advice to help determine if you have a valid claim. We will guide you through your options and next steps.
2. Lodgement of the Application: We will assist you in preparing and submitting your unfair dismissal application to the Fair Work Commission, ensuring it is done within the required 21-day timeframe from the date of your dismissal.
3. Conciliation: We will support you during the conciliation process, where both parties meet with an independent conciliator. We will work with you to try and resolve the matter without needing to proceed to a formal hearing.
4. Conference/Hearing: If conciliation does not lead to a settlement, we will represent and guide you through the conference or hearing, presenting your case and arguments clearly and effectively.
5. Decision: We will be with you every step of the way, ensuring you understand the Fair Work Commission’s decision. Whether it results in reinstatement or compensation, we will provide continued support and advice on the outcome.
Comprehensive Legal Services Tailored to Your Needs
Have a question or need legal assistance? Fill out the form below, and one of our expert lawyers will get back to you shortly.
Contact Info:
Eduardo Cruz
0429 870 704
eduardo@flexilegal.com.au
Brisbane - Australia
Marisol Garcia
0470 253 751
marisol@flexilegal.com.au
Brisbane - Australia