Unfair Dismissal Lawyers Melbourne
If you believe you have been unfairly dismissed from your job, you may be able to make a claim for unfair dismissal.
An unfair dismissal case can arise when an employer terminates an employee’s contract without a valid reason under the Fair Work Act. It also occurs when the employer fails to follow the proper procedure for terminating a contract.
In the event of unfair dismissal, you may be entitled to compensation and/or reinstatement. It is crucial to consult with an employment lawyer promptly if you are considering making a claim for unfair dismissal. Our employment consultants at Workplace Wizards in Melbourne can assist in assessing your employment case and determining the appropriate unfair dismissal remedy for you.
Our consultants are legally trained and have years of expertise in the field, so we can also guide you through the claim process, including providing you with representation at hearings or mediations. If you are a business owner or manager, we can provide advice on unfair dismissal law to ensure your compliance with legal obligations and defend you against unfair dismissal claims.
Understanding the Difference Between Unfair Dismissal and Wrongful Termination
Unfair dismissal occurs when an employer terminates your employment without proper reason or following disciplinary procedures. Wrongful termination transpires when your employer unlawfully ends your employment, such as through discriminatory practices or by breaching your employment contract.
Understanding the difference between the two can assist in evaluating your choices and pursuing suitable recourse if your rights have been infringed. In the context of employment, this is particularly relevant for unfair dismissal applications and general protections, as these areas are governed by specific employment laws.
Employment Law Services For Unfair Dismissal
Unfair dismissal occurs when an employee is terminated from their job in a way that is unfair or unjust. There are a number of different ways in which this can happen, and it is often a matter of interpretation. Some of the most common cases include:
- Termination without notice or with inadequate notice
- Dismissal for a reason that is not fair or reasonable
- Dismissal in breach of an employment contract
- Dismissal in breach of the unfair dismissal laws
Unfair Dismissal Allegations For Businesses
Dealing with unfair dismissal or ‘adverse action’ lawsuits can be tricky, stressful and can put your business under pressure. To help alleviate the burden and ensure you’re getting the right advice and representation, contact the experienced lawyers at Workplace Wizards today.
Our legal consultants have the expertise to achieve the best possible outcome for you and your business. With us, you can be confident that you’ll be represented with the best care and support when it comes to dealing with unfair dismissal matters.
Adverse Action Claims For Businesses
Adverse action is broadly defined as taking ‘unfavourable action’ against an employee because they have exercised a workplace right. This includes firing an employee due to a complaint about unfair treatment or refusing to promote an employee for requesting flexible working arrangements.
In employment issues, the conduct of an employer is paramount. Employers should strive to establish a workplace that values employee rights and promotes fair treatment. Any actions that go against these principles can lead to significant legal consequences
Workplace Lawyers For Businesses
Our employment lawyers can help your business through unfair dismissal and adverse action claims in the following ways:
- We can review your business’s unfair dismissal and adverse action procedures to ensure they are up-to-date and compliant with the latest legislation.
- We can provide advice on how to manage an employee who may be at risk of making a claim for unfair dismissal or adverse action.
- We can represent your business in unfair dismissal and adverse action proceedings in the Fair Work Commission, Federal Court or High Court.
- We can negotiate settlements on your behalf with employees who have made claims for unfair dismissal or adverse action.
For more information about how we can help your business with unfair dismissal and adverse action claims, contact us today.
Grounds For An Unfair Dismissal Claim
When certain conditions are met, an employee may be eligible to make an unfair dismissal claim. These conditions include:
- Terminated without a valid reason
- Not given adequate notice of their termination
- Not given a chance to improve their performance
- Not provided with proper compensation for their years of service
If you have been dismissed from your job and believe that it was unfair, you should contact Workplace Wizards today. We are a leading employment law consultancy service, based in Melbourne, that regularly handles unfair dismissal claims for employees from various industries.
An employment law specialist from our team will be able to assess your case, see if you have a valid claim, and advise you on the best course of action. Unfair dismissal claims can be complex, so it is important to get an expert from Workplace Wizards to handle your case.
What if I'm facing workplace discrimination or other workplace issues?
For permanent employees undergoing continuous employment, workplace disputes can also result in unfair treatment, wrongful termination, or unlawful termination.
An unfair dismissal lawyer can help you if you are still employed but are facing unfair treatment at work. This may include being demoted or having your hours reduced. If you are being harassed or discriminated against at work, a lawyer can help you take action.
Most employment contracts will contain a clause that allows your employer to dismiss you without notice or compensation if they believe you have breached the contract. However, there are some exceptions to this rule. If you have been unfairly terminated, you may be entitled to unfair dismissal compensation.
Our Melbourne-based employment legal consultants can help you understand your rights and options. We can help you navigate the legal process of an unfair dismissal application, represent you in court proceedings, and negotiate a severance package with your employer.
Our Workplace Law Experts Can Support You Through Litigation
If you decide to pursue legal action, our employment law consulting team can assist you throughout the entire process. If you believe that you have been unfairly terminated from your job, we can help you lodge a complaint with the Fair Work Commission.
You will need to provide evidence to support your claim, such as your employment contract, payslips, and performance reviews. Once your complaint has been lodged, the Fair Work Commission will assess your case and decide whether or not to hold a hearing.
If a hearing is held, both you and your employer will be given the opportunity to present your respective cases. Our employment lawyers can represent you to give you your best chance at successful outcomes.
The Fair Work Commission will then make a decision as to whether or not you have been unfairly dismissed. If the Fair Work Commission finds the case in your favour, they may order your employer to reinstate you to your former position or provide you with compensation for your unfair dismissal.
Similarly, if you are a business facing an unjust dismissal claim after carrying out a termination, our workplace law experts can also properly investigate the matter and deal with legal proceedings on your behalf to ensure the best outcome.
Consult Our Unfair Dismissal Lawyers Today
If you have been unfairly dismissed, our unfair dismissal lawyers can help you by:
- Assessing your case and giving you advice on the chances of success
- Drafting and lodging your application to the Fair Work Commission
- Representing you at conciliation and mediation conferences
- Representing you at a hearing before the Fair Work Commission
Contact us
Get in contact with a workplace lawyer or advisor to access initial advice about your workplace requirements.
Frequently Asked Questions
Do I have a valid claim as a casual employee?
In most cases, the unfair dismissal laws in Australia will not apply to casual employees. This is because they do not have the same level of job security as permanent employees.
If you are a casual employee and you have been unfairly treated, you may still be able to make a claim under other laws such as the Fair Work Act 2009. For example, you may be able to make a claim for unfair contract terms or discrimination.
Talk to an employment law expert if you think you have been unfairly dismissed.
What are some eligibility criteria I need to meet to lodge for an unfair dismissal?
To be eligible to make a claim for unfair dismissal, you must:
- Have been employed for at least 6 months, which is the standard minimum employment period (or 12 months if you work in a small business)
- Worked under an ongoing contract of employment
- Not have been dismissed for serious misconduct. Examples of serious misconduct include:
- Theft
- Fraud
- Violence
- Sexual harassment
- Serious breaches of occupational health and safety procedures
What are some examples of unfair dismissal?
There are many examples of unfair dismissal, but some common ones include:
- Dismissal because of your race, gender, sexuality, age or disability
- Dismissal because you have made a complaint about discrimination or sexual harassment
- Dismissal because you have joined or tried to join a union
- Dismissal because you are pregnant
- Dismissal because you have taken parental leave
- Dismissal because you have requested flexible working arrangements
If you think you have been unfairly dismissed, you should seek advice as soon as possible.
What can employment lawyers do for me?
Employment lawyers can help you by:
- Assessing your case to see if you have a claim for unfair dismissal
- Negotiating with your employer on your behalf
- Representing you at a hearing before the Fair Work Commission
Can I represent myself in a claim for unfair dismissal?
You can represent yourself in a claim for unfair dismissal, but it is recommended that you consult with employment lawyers before doing so. This is because the law surrounding unfair dismissal can be complex, and it can be difficult to present your case in a way that is most likely to succeed.
What can't unfair dismissal lawyers do for you?
They cannot help you if you have been dismissed because of serious misconduct. If you have been dismissed for serious misconduct, you may be able to appeal to the Fair Work Commission, but they cannot represent you in this type of case.
What is constructive dismissal?
Constructive dismissal is where you are forced to resign from your job because of your employer’s conduct. This could be, for example, if your employer makes changes to your job that are so unfair or unreasonable that you feel you have no choice but to resign. If you have been constructively dismissed, you may be able to make a claim for compensation. Or, if you are sacked for no reason or for a reason that is not valid under the Fair Work Act 2009, this may also be grounds for wrongful termination.
How will my claim work if I'm part of the high income threshold?
If you earn more than the high income threshold, which is currently $162,000 per year, you will not be able to claim under the Fair Work Act. However, you may still be able to do so under your employment contract.
What are the time limits for making an unfair dismissal claim?
If you want to make a claim, you must do so within 21 days of being dismissed. If you do not lodge your claim within this time frame, you may lose your right to claim.
What happens if my dismissal claim is successful?
If your unfair dismissal claim is successful, you may be awarded reinstatement or compensation. Reinstatement means that you will be able to return to your former position with your employer. Compensation is usually awarded in the form of monetary damages.
How much will it cost to use an unfair dismissal employment lawyer?
Most lawyers will offer you a free initial consultation, during which they will assess your case and give you an indication of what they may be able to do for you. If you decide to proceed with legal action, your lawyer will likely charge you on a ‘no win, no fee’ basis. This means that you will not have to pay anything upfront, and you will only pay the lawyer if they are successful in getting you compensation from your employer.
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