on behalf of the employee
on behalf of the employee
Being dismissed from your employment can be a very traumatic experience. Often the dismissal can be unfair. The law 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 generally know whether they have been dismissed unfairly or not. An unfair dismissal is one where the employee is dismissed from their job in a harsh, unjust or unreasonable manner. There are many cases which have been decided that helps us decide whether the dismissal has been unfair. For a decision as to whether you have been unfairly dismissed contact Brydens Lawyers.
There are a number of requirements which need to be satisfied before a claim can be made. Firstly the employee must be employed for at least six months before they can apply for unfair dismissal. Also, if employees are working for a small business they have to be employed for at least 12 months before they can apply.
There are special laws which pertain to small businesses. 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 protection against unfair dismissal claims against small business owners.
WHAT ARE YOU ABLE TO CLAIM?
There are a number of remedies available. A claim can be made for financial compensation. Alternatively a claim can be made for reinstatement, a statement of service and for the termination to be recategorised as a resignation.
WHEN SHOULD YOU CONSULT A LAWYER 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 only 21 days from the date of dismissal. Accordingly if you have been dismissed and you believe unfairly contact Brydens Lawyers.
WHAT IS YOUR
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 claim. Those costs will be confirmed with you in writing. That is, there will be no nasty surprises after the event.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
We have had experience in bringing many unfair dismissal matters in the fair work commission and federal circuit court. We will be with you every step of the way providing expert legal advice and representation.
WE DO EMPLOYMENT LAW WELL. HERE ARE SOME EXAMPLES:
1. An employee was terminated for serious misconduct due to a technical error that was of no fault of hers. We were able to prove that she was unfairly terminated.
2. An employee was terminated from her employment one month after informing her employer that she was pregnant. The employer terminated her employment on the grounds that she had spoken inappropriately to a child. We were able to prove that the employer terminated her employment due to her pregnancy.
3. An employee was terminated from his employment for serious misconduct due to allegedly harassing another employee. There was no proof of him harassing another employee. We were able to bring a successful claim for unfair termination.
LATEST NEWS FROM LEE
Superannuation, as we know, is a legal obligation on the part of all employers to contribute a minimum percentage of each employee's earnings to a compliant superannuation fund or retirement savings account. Currently the superannuation guarantee contribution rate is 9.5% of a worker’s ordinary time earnings.This rate will increase by 0.5% on 1 July 2021. Further increments will apply annually up until 2025/26 when ultimately the superannuation guarantee rate will be set at 12%.
This of course is good news for all employees. It is however only good news if the superannuation guarantee rate is in fact paid by the employer.
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