I was recently terminated from my place of employment, and adequate reasoning was not provided- do I have any legal remedies?
If you have been recently terminated from your place of employment, and you are concerned that the termination may have been unlawful, we recommend that you immediately seek legal advice as applications to the Fair Work Commission generally need to be lodged within 21 days of the date of the termination. Such time limits are strict and must be adhered to.
Valid Reasoning for Dismissal
Pursuant to the Fair Work Act 2009 (Cth), to comply with procedural fairness, an Employer must provide an Employee with a valid reason for dismissal and provide the Employee with an opportunity to respond to the Employer before a decision is made to terminate the Employee unless the conduct is determined as serious misconduct within the meaning of the Act. If the Employer has failed to comply with their obligations, this may give rise to an Unfair Dismissal claim.
Legal Action an Employee can take for Unfair Dismissal
The most common legal avenue to seek remedies for Unfair Dismissal is through the Fair Work Commission, however, the circumstances of each individual will determine whether they are eligible to bring an action in this jurisdiction. The potential remedies in the Fair Work Commission are:
- Reinstatement;
- Compensation (must not be more than 26 weeks’ pay)
- Non-financial remedies such as a statement of service.
Other types of legal avenues for termination of employment depending on each individual situation include:
- General Protections/adverse claim application in the Fair Work Commission/Relevant Court
- Unfair Dismissal claim application in the Industrial Relations Commission
- Civil claims for breach of contract
- Discrimination claims pursuant to legislation.
We again note that strict time limitations apply and legal advice should be obtained immediately following termination of your employment if you are concerned that the termination was unlawful.
For any legal advice or representation pertaining to employment law matters, call Brydens Lawyers today. We do provide expert legal advice and presentation in relation to all employment law matters.