If you have been dismissed from your job in Melbourne with very little or no warning and you think your dismissal fits the definition of being dismissed in a ‘harsh, unjust, or unreasonable manner’, you may be eligible to apply for unfair dismissal and to receive reinstatement, damages, or compensation.
You may have been unfairly dismissed in a ‘harsh, unjust, or unreasonable manner’,
If any of these or similar circumstances sound familiar, you may have been unfairly dismissed and entitled to pursue a claim.
If you believe you have been unfairly dismissed, you can file an unfair dismissal application with the Fair Work Commission for reinstatement or compensation.Â
It is critical to lodge an unfair dismissal application within 21 days of your dismissal becoming effective. Day one commences the day following your dismissal. If you miss the deadline, the Commission may extend the time period for lodging the application only if it is satisfied that there are exceptional circumstances for not lodging the application on time.
If you need legal advice regarding an unfair dismissal in Melbourne, our employment and discrimination lawyers can help.
Under the Fair Work Act 2009, an unfair dismissal is one which is harsh, unjust, or unreasonable, or not as a result of a genuine redundancy. Redundancy occurs when an employer no longer requires the employee’s job to be done by any other person. Subject to the employee’s length of service and type and conditions of employment, the employee may be entitled to redundancy pay.
Typically, redundancy occurs when a business needs to restructure or downsize due to economic decline, and/or new technology is introduced to improve efficiency resulting in fewer employees being required. Redundancies may also occur when a business shuts down, transfers ownership, or becomes insolvent.
If a purported redundancy is not genuine, an employer could face an unfair dismissal claim. If your employment has been terminated due to a purported redundancy and you do not consider this to be a genuine redundancy, speak to one of our employment lawyers.
The distinction between an employee and a contractor has been tested frequently in various cases and is even more relevant as we move further away from traditional forms of employment.
Employees generally have PAYG tax withheld, and superannuation paid by the employer. Contractors generally look after their own tax obligations. However, it is rarely as simple as that. The entirety of the relationship must be analysed to determine the correct status,
Employers may not be expert in every aspect of employment law. They should, however, understand their primary obligations and anticipate when a potential problem requires the advice of an expert.
Education and information are key to minimising workplace disputes. Employers should understand and comply with their workplace responsibilities and ensure that their employees are educated and encouraged to contribute towards a safe work environment. Amongst other things, this requires recognising the types of conduct (whether intentional or otherwise) that could breach a workplace law and proactively identifying and managing at-risk behaviour through well-structured policies and systems.
We can help manage and mitigate a range of workplace matters and potential issues by providing advice and guidance, and drafting contracts, policies and procedures.
Melbourne Lawyers & Mediators is a progressive and culturally sensitive law firm based in Broadmeadows and central Prahran. We have extensive experience in employee disputes and unfair dismissal claims and represent clients from a range of industries facing many different workplace issues. We have experience in contract law, discrimination law and workplace law. If you are facing a workplace issue or have been subjected to a breach of contract, an unfair or wrongful dismissal, workplace discrimination, bullying, harassment, or work-related stress, we can help.
