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.
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.
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 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
For more information about how we can help your business with unfair dismissal and adverse action claims, contact us today.
When certain conditions are met, an employee may be eligible to make an unfair dismissal claim. These conditions include:
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.
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.
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.
Get in contact with us for a no-obligation 20-minute discussion about your workplace requirements.
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.
There are many examples of unfair dismissal, but some common ones include:
If you think you have been unfairly dismissed, you should seek advice as soon as possible.
Employment lawyers can help you by:
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