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
Thomas Drake
Melonee Davies

Topics We’ve Written About

Employment issues for the gig economy

Employment issues for the gig economy

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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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Is freedom of speech recognised in the workplace?

Is freedom of speech recognised in the workplace?

Unlike the United States, Australia has no constitutional guarantee of the right to freedom of speech but instead enjoys freedoms by virtue of common law. Such freedoms include freedom of religion, movement, speech and association. In the absence of such...

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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