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.
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Topics We’ve Written About
Employees and Independent Contractors
Employees and independent contractors are not the same under the Fair Work Act (2009). When engaging an independent contractor or an employee it is important that the recruiting party understands the distinguishing features. Significant legal and financial...
Lismore Trust v GLJ: Permanent Stay Granted Where Perpetrator is Dead
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (‘Lismore Trust v GLJ’) On 1 June 2022 the New South Wales Court of Appeal permanently stayed an historical child abuse proceeding. Facts The...
Damages and Compensation: where Commonwealth and State laws collide
Photo from Unsplash The claim of Vivienne Leggett against her former employer, Hawkesbury Race Club Limited has had four iterations in the Federal Court. Ms Leggett was a 26 year veteran sponsorship and marketing manager of the club forced out of her job by its newly...
Covid-19 And Repudiation
Does an employee’s failure to be vaccinated in accordance with a public health order or even an employer policy amount to a repudiation of the employee’s employment contract? The decision in Cordiano v Love & Co Real Estate Pty Ltd [2022] FWC 467 suggests no. The...
Expert Witness 101
INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter...
Indefinite Stand Down As An Alternative To Dismissal? Commission Says No
Whilst the majority of Australian adults have submitted to state mandates for COVID-19 vaccination, a minority holds out either on the bases that the mandates are unlawful and invalid or are likely to end. There is no indication yet that a Court will find that vaccine...
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000