Are you interested in pursuing an unfair dismissal remedy in Perth, Brisbane, Melbourne, Adelaide or Sydney? Per the Fair Work Commission, an unfair dismissal is a situation where an employee is dismissed in a ‘harsh, unjust or unreasonable fashion.’ To determine whether an unfair dismissal application meets those criteria, the Fair Work Commission will look at the nature of the dismissal, whether or not the dismissal was a genuine redundancy and (when relevant) whether or not the dismissal ‘was consistent with the Small Business Fair Dismissal Code.’
Whew! There is a lot of information in that paragraph, and there’s a chance it won’t all make sense right away. Unfair dismissals might seem like they should be simple. If you are sacked for a discriminatory or otherwise unjust reason, you should be able to win justice, right? However, as with anything else in law and litigation, there is a process to winning an unfair dismissal judgment.
Introducing Fair Work Claims
At Fair Work Claims, it’s our job to help you understand and navigate the unfair dismissal process. If you feel you have been sacked for an unjust or illegal reason, contact us to pursue unfair dismissal proceedings in Brisbane, Adelaide, Melbourne, Perth or Sydney. While we can’t guarantee you a victory in court, we can ensure you that our lawyers will do everything in their power to win you the judgment you deserve.
Understanding the Basics of Unfair Dismissal Laws in Melbourne, Perth, Sydney, Brisbane and Adelaide
Over the years, Fair Work Claims has built a reputation for taking unfair dismissal fights all the way to the Fair Work Commission and for making life very difficult for employers who have wronged their workers. Before we jump to that kind of action, though, we will first turn our attention to learning your story and determining whether or not you have an actionable unfair dismissal case.
Keep in mind that there are certain groups (such as those employed by state governments in New South Wales, Queensland, Western Australia, South Australia and Tasmania) that are not protected under unfair dismissal laws. You can find a full list of unprotected groups on the Fair Work Claims website. You can also read about the Small Business Fair Dismissal Code by following that link.
You may also be disqualified for unfair dismissal remedy proceedings if your employer dismissed you in a case of general redundancy. General redundancy is essentially the idea that a person is dismissed from their job because their employer no longer has any use for the job that person was fulfilling. In situations where different jobs were automated away, or where entire branches or departments have been eliminated, there is a chance that general redundancy may apply. Essentially, if you were dismissed because your job was being eliminated from the company entirely, you may have difficulty winning an unfair dismissal case.
To pursue unfair dismissal in Australia, you also need to have been employed for a minimum duration of time by the employer in question. Law states that the requirements are one year of employment for very small businesses (fewer than 15 employees) and six months minimum employment for larger operations (15 or more employees).
Do you believe you have grounds to go after an unfair dismissal judgment in Sydney, Adelaide, Brisbane, Perth or Melbourne? If so, please contact Fair Work Claims today, by calling 1300 853 837. We will help you to understand the specific rules and guidelines surrounding unfair dismissal cases, determine whether or not you are eligible to apply for an unfair dismissal remedy and, if further action is appropriate, take charge of your case for the long haul.