Unfair Dismissals, Redundancy, Forced Resignation
An unfair dismissal can be a devastating experience, leaving you feeling gutted and powerless. You don’t need to stay feeling this way. Our expert team of representatives will help you to have your voice heard, stand up for your rights and find real life solutions.
To dispute your unfair dismissal, an application has to be lodged at the Fair Work Commission. Lodging a claim and running the claim through the Commission can be a complex and confronting process as you deal with your former employer and/or their lawyers. If you believe you have been unfairly dismissed, call and talk to us today!
TOLL FREE 1800 333 666
Unfair Dismissal Claims?
The most important things to remember when lodging an unfair dismissal application to the Fair Work Commission:
- As of 1 January 2013, your unfair dismissal claim must with the Fair Work Commission be lodged within 21 days from the date of your dismissal.
- You must have been employed for a minimum period of 6 months. You must have been employed for a minimum of 12 months in a business of less than 15 employees.
- If you earn over the High Income Threshold (currently $129,300), you must be covered by a Modern Award or Enterprise Bargaining Agreement.
If you meet the above three criteria, you may be eligible to lodge a claim to the Fair Work Commission. This will depend on the reasons behind your dismissal.
Employers can give a variety of reasons for the dismissal of an employee. In some circumstances they do not give any reason. To have a valid reason for dismissal, you employer must give a reason related to performance or conduct. The reason must be serious enough to warrant dismissal.
A common myth of unfair dismissal cases is that dismissal is only justified after “3 warnings and you’re out”. Whilst it may be in certain employers’ policies, this is not a legal rule. Actually judging what is and what isn’t an unfair dismissal case is much more complex.
Redundancy and Retrenchment
If you have been dismissed due to a redundancy, you may be able to lodge an unfair dismissal claim. You need to demonstrate that it did not constitute a ‘genuine redundancy’. A genuine redundancy must meet the following requirements:
- Your job no longer needs to be performed by anyone
- The company complied with relevant consultation requirements in a modern award or enterprise agreement
- You were not reasonably redeployed within the company or its associated entities.
If your redundancy didn’t comply with the requirements above, you may have an unfair dismissal claim. It is a complex type of workplace dispute which can be confusing, give us a call today to discuss your circumstances.
Forced Resignation and Constructive Dismissal
If you have been forced to resign, in other words you have absolutely no choice by the conduct or behaviour of the employer, you may be entitled to lodge a unfair dismissal claim. You have to be able to argue it was impossible to stay there, you had no other option but to resign.
Where possible we will not let the employer get away with unfairly terminating your employment, bring unnecessary stress and financial hardship to you and your family.
Australian Workplace and Discrimination Representatives has run a number of high profile unfair dismissal cases, against large companies who are represented by international law firms. We have proven experience winning cases against employers like Qantas, Goodman Fielder and WorkPac. Please see ‘Our Cases’ for further details.
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