Every year, over 15,000 unfair dismissal claims are lodged with the Australian Fair Work Commission.
Unfair dismissal claims arise when an an employer terminates an employee unfairly. The Commission may order reinstatement or compensation, as a result of a successful unfair dismissal claim . In order to succeed in a claim, you would have to apply to the Fair Work Commission and prove that the termination of your employment was unfair.
While it is not compulsory to obtain legal representation for an unfair dismissal claim, there are specific eligibility, time, and evidence requirements that you would need to fulfil in order to be successful. An unfair dismissal lawyer would be the best party to help you navigate these requirements and resolve any confusion or complications that may arise.
What is unfair dismissal?
A dismissal may be considered unfair if you were dismissed in a harsh, unjust, or unreasonable way, or forced to resign because of something your employer did. Dismissals that are not a case of genuine redundancy or inconsistent with the Small Business Fair Dismissal Code can also be unfair.
When you make a claim, you will have to provide evidence to the Fair Work Commission to show that your dismissal was unfair; the Commission will not make any investigations on your behalf. Our lawyers experienced in unfair dismissal claims will be able to provide the legal advice and guidance necessary to present your best case throughout the application process.
Making an unfair dismissal claim
To make an application under unfair dismissal law, you need to first ensure that your case falls within the jurisdiction of the Fair Work Commission. This includes making sure that you meet the eligibility criteria, you are covered by the national workplace relations system, and that you lodge your application within 21 days of your dismissal becoming effective. Our lawyers can advise you on whether or not you fall under the purview of Australian unfair dismissal law.
Consult experienced unfair dismissal lawyers
Our experienced unfair dismissal lawyers in Melbourne have a wealth of experience in navigating work and employment disputes, knowing just how to compose strong and effective applications for employees within the time frames imposed. We are dedicated to finding the best course of action for your particular circumstances in a manner that is fully transparent and completely in your best interests.
Speak to a member of Nevett Ford’s litigation and workplace relations team as soon as possible to see how we can provide you with unfair dismissal advice.
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