LITIGATION AND WORKPLACE RELATIONS

Dismissals

The Fair Work Act 2009 sets out remedies for employees who say that they have been dismissed not for a valid reason or dismissed because of a breach of ‘general protections’.

There is a strict 21 day deadline on bringing such dismissal claims. 

The Litigation Team knows how to compose strong and effective applications for employees and responses for employers in the time frames imposed. 

Matters founding unfair dismissal claims are often based on performance issues, failure to comply with policies or no valid reason at all. 

Matters founding dismissals based on a breach of general protections include dismissal because of temporary absence because of injury or illness, dismissal based on an unlawful ground of discrimination, eg age, race, sex, political views, family responsibilities amongst others or dismissal because the employee has exercised a workplace right.  

OUR LITIGATION AND WORKPLACE
RELATIONs TEAM

Philip Brewin
Greg Doran
Caroline Mostafa
Tarryn Jeffery
Tom Drake
Melonee Davies

Topics We’ve Written About

What should I do if I think I am being underpaid?

What should I do if I think I am being underpaid?

There are a number of ways in which an employee might be underpaid. It may be the case for example, that there has been a complete failure to pay your wage, superannuation entitlement or an amount owed for a period of leave (including annual, long service or personal...

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Employment issues for the gig economy

Employment issues for the gig economy

Are works employees or independent contractors? The controversy as to whether workers in the gig economy are employees or independent contractors continues with the recent decision in Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818. In that decision handed down...

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Job Keeper Leads to Job Loss?

Job Keeper Leads to Job Loss?

As the ending of JobKeeper looms, support for the Commonwealth Government’s argument that it has been discouraging people from working can be found in the decision of Howard v Pinnacle People [2020] FWC 6975. Pinnacle is a labour hire agency specialising in the supply...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000