Are You Eligible To Make A Claim?
An employee has been unfairly dismissedwhen the dismissal was harsh, unjust or unreasonable. Unjust or unreasonable terminations could include instances of discrimination against one’s race, gender, political opinion, or other forms of discrimination. Other factors are likewise taken into account, as there are multiple reasons that one may be eligible to make an unlawful termination claim. Many cases 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 multiple eligibility requirements that need to be satisfied before wrongful termination claims under unfair dismissal law can be made.
Firstly, the employee must be employed for at least six months. This is often referred to as the minimum employment period and will apply to permanent employees–part-time or casual employees may be subject to different eligibility requirements.However, if the employee was working for a small business (less than 15 employees), then they must have worked acontinuous period of at least 12 months before the employee can make a claim for unfair dismissal.
Secondly, if an employee is not covered by a modern award, or if an enterprise agreement does not apply to them, then they must be earning less than that determined by a high income threshold.
Thirdly, the dismissal cannot be a case of genuine redundancy.
If you believe you are eligible to make an unfair dismissal claim, contact Brydens Lawyers to arrange for a consultation to discuss your case and the options available to you.
What Are You Able To Claim?
If the Fair Work Commissioner is satisfied that the employee was unfairly dismissed, then they may order one of two remedies:financial compensationor reinstatement.
Reinstatement reflects the Commission's preference to restore the employment relationship wherever feasible However, when reinstatement is not viable due to the employment relationship's breakdown or other factors, financial compensation is considered. This is often calculated based on the employee's loss of wages and capped according to the Fair Work Act's stipulations.
How Are General Protections Provisions Different From An Unfair Dismissal Claim?
The differences between a constructive dismissal, unlawful termination and general protections dismissal application are incredibly important for employees to understand when protecting their workplace rights. The Fair Work Act outlines general protections provisions in order to safeguard employees against adverse actions, which is known as unlawful termination. These can include dismissal based on discriminatory factors such as race, sexual orientation, age, or religious beliefs, to name a few. This is designed to effectively prevent victimisation or unfair treatment in the workplace and provide relief for those who are unfortunately subject to such discrimination.
Constructive dismissal, or an unfair dismissal, occurs when an employee is forced to resign due to the employer's conduct, making their position untenable. This is distinct from unlawful termination, which happens when an employee is dismissed for reasons prohibited under the Fair Work Act, including discrimination or exercising a workplace right. An important distinction is that general protections dismissal applications can be made by any worker, regardless of their length of employment, and cover a broader range of protections than unfair dismissal claims. These applications are pivotal in addressing workplace discrimination and ensuring employees are treated fairly and lawfully.
Whether you have faced unlawful termination or unfair dismissal, contacting Brydens Lawyers is your first step to protecting your workplace rights.
When Should You Consult Unfair Dismissal Laywers About Making A Claim?
Former employees have only 21 days from their last day of employment, within which they may submit an unfair dismissal claim.The Fair Work Commissioner may allow a further period for lodgement in exceptional circumstances, but generally, these time limits are strict.Accordingly, if you believe you have been dismissed 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 act for employees in unfair dismissal matters on a regular basis, having conducted many conciliations and hearings before the Fair Work Commission. 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 In Making Unfair Dismissal Claims?
At the initial consultation Brydens Lawyers will advise in detail the likely costs to be incurred in pursuing an unfair dismissal application. These costs will be confirmed with you in writing. You will be kept informed every step of the way.
