on behalf of the employee
on behalf of the employee
UNFAIR DISMISSAL ON BEHALF OF THE EMPLOYEE
Being dismissed from your employment can be a very traumatic experience. On occasion, the dismissal can be unfair. The Fair Work Act provides that persons who have been unfairly dismissed from their employment can bring a claim seeking redress. If you have been dismissed unfairly from your employment, contact Brydens Lawyers now for expert legal advice and representation.
ARE YOU ELIGIBLE TO MAKE A CLAIM?
Most people know whether they have been dismissed unfairly or otherwise. An unfair dismissal, not to be confused with unlawful dismissal or constructive dismissal, is one where the employee is dismissed from their employment in a harsh, unjust or unreasonable manner. There are many cases which have been decided that help us determine whether the dismissal is unfair. For advice as to whether your employment contract has been unfairly terminated, contact Brydens Lawyers.
There are a number of requirements which need to be satisfied before a claim for unfair dismissal can be made. Firstly, the employee must be employed for at least six months. Also, if the employee is working for a small business, there is a minimum employment period of 12 months required before the employee can make a claim for unfair dismissal.
There are particular laws designed to protect small businesses from unfair dismissal claims. A small business is one defined as any business which has less than 15 employees. There is a small business fair dismissal code which provides small business owners protection against unfair dismissal claims.
Additionally, unfair dismissal laws also require the employee to be covered by an enterprise agreement or award if their gross earnings are in excess of $158,500 per annum, before a claim for unfair dismissal can be made.
WHAT ARE YOU ABLE TO CLAIM?
There are a number of remedies available in response to a successful unfair dismissal claim. Such remedy may include financial compensation. Alternatively, a claim can be made for reinstatement, a statement of service and for the termination to be re-categorised as a resignation.
WE DO EMPLOYMENT LAW WELL. HERE ARE SOME UNFAIR DISMISSAL CASE EXAMPLES:
– An employee was terminated for alleged serious misconduct due to a technical error that was no fault of hers. We were able to establish that she was unfairly dismissed.
– An employee was terminated from her employment one month after informing her employer that she was pregnant. The employer terminated the employee on the grounds that she had spoken inappropriately to a child. We were able to establish that the employer terminated the employment due to the employee’s pregnancy.
– An employee was terminated from their employment for alleged serious misconduct of harassing another employee. There was no proof of the harassment alleged and we were able to successfully prosecute an unfair dismissal claim.
WHEN SHOULD YOU CONSULT UNFAIR DISMISSAL LAWYERS ABOUT MAKING A CLAIM?
There are strict time limits in place with respect to the bringing of an unfair dismissal claim. In most cases that time period is limited to only 21 days from the date of dismissal. Accordingly, if you have been dismissed and you believe unfairly, contact the expert employment lawyers at Brydens Lawyers without delay.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
The experts at Brydens Lawyers are specialist employment lawyers with an in-depth knowledge of unfair dismissal laws. We have the experience in unfair dismissal proceedings having conducted many unfair dismissal claims in the Fair Work Commission and Federal Circuit Court. With Brydens Lawyers you can rest assured that your unfair dismissal claim is being handled by an expert employment lawyer who will be with you every step of the way in providing expert legal advice and representation.
WHAT IS YOUR NEXT STEP?
At the initial consultation Brydens Lawyers will advise in detail as to the likely costs to be incurred in the pursuit of an unfair dismissal application. These costs will be confirmed with you in writing. You will be kept informed every step of the way.
Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.
Paul M, a client of our Commercial division.
I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.
Lisa O, a client of our Commercial division.