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 Melbourne employment 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 lawyer Melbourne.
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.
Employers may not be experts 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.
Melbourne employment lawyers at our firm 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.
Unfair dismissal occurs when you are terminated from your job in a harsh, unjust, or unreasonable manner. This includes cases where there was no valid reason, no prior warning, no opportunity to respond, or dismissal due to discrimination or temporary injury absence. If these conditions apply, you may be eligible to apply for unfair dismissal compensation or reinstatement.
You must lodge your unfair dismissal application with the Fair Work Commission within 21 days of your dismissal taking effect. Extensions may be granted only in exceptional circumstances.
A genuine redundancy happens when your position is no longer required by the employer due to business restructuring, downsizing, or closure. If the redundancy is not genuine, you may have grounds for an unfair dismissal claim.
The distinction depends on factors including the level of control by the employer, workplace integration, payment method, personal performance of work, equipment responsibility, and risk allocation. This determination affects your rights and entitlements.
We assist with unfair dismissal, workplace harassment and discrimination, contract disputes, termination advice, drafting employment contracts and policies, and negotiation of workplace disputes.
Discrimination based on race, sex, sexual orientation, religion, disability, pregnancy, or nationality is unlawful. You should seek legal advice promptly to explore claims under anti-discrimination and employment laws.
Yes, we provide advice to employers on managing workplace risks, compliance with legal obligations, drafting contracts, policies, and procedures to prevent disputes and promote a safe workplace.
You have the right to a safe and respectful workplace free from bullying and harassment. You can pursue remedies including internal resolution, complaints to regulatory bodies, or legal claims.
Employment lawyers provide guidance, represent you in negotiations or tribunal proceedings, help prepare applications or defenses, and work to achieve fair and practical outcomes.
You should immediately seek legal advice to review your dismissal circumstances, gather documentation, and consider lodging an unfair dismissal claim if applicable.
