What Does the Law Say About Unfair Dismissal?

If you think that you have been dismissed or terminated from your job in an unfair or unlawful way, you can get the help of unfair dismissal lawyers to seek compensation or remedial action. The law protects your rights and you can seek remedies for the damage suffered by you. So what is unfair dismissal and what are your rights in this regard. Find out in this guide.

What is the unfair dismissal law?

If your employer has terminated your services, you may be eligible to make a claim for compensation. You may also be able to seek reinstatement to your job through Unfair DismissalApplication. It is possible to make the claim under the Fair Work Act 2009 and local state laws. You can take steps through unfair dismissal lawyers to protect your rights if it is found that the dismissal is unreasonable, unjust, or harsh.

Situations with a Claim

The following situations give you the right to make a claim through your lawyer.

  • If you were removed from your job because of certain false or incorrect allegations about your conduct
  • If you were removed from your job because of an illness or injury you were recovering from
  • If you were removed from your job because of poorperformance, but without clear and proper opportunities to improve or warnings
  • If you were forced to resign from your job because of the conduct of your employer
  • If you were removed from your job without any clear reason
  • If you were removed from your job without being allowed a fair chance to respond to the reasons
  • If you were terminated from your position because of redundancy but then another person was assigned to the position

Making a Claim for Unfair Dismissal

In most cases, you will be able to make a claim for unfair dismissal through unfair dismissal lawyers. There are situations where a claim may not be possible. These situations include the following:

  • Your employment with the employer was for not more than 6 months
  • You were employed on a casual or seasonal basis
  • You were on probation when you were dismissed
  • You were a labour hire employee or contractor hire employee
  • You were employed under a State Government
  • You earned over the Unfair Dismissal High Income Threshold bracket and your job was not covered by an enterprise/award agreement
  • The termination was due to genuine redundancy and the employer met all consultation requirements

You may also not be eligible if your employer is a small business that complies with the Small Business Fair Dismissal Code. However, even when you seem not to be eligible for making an unfair dismissal claim, you should consult a lawyer as there may be alternative legal claims.

It is important to ensure that the Fair Work Commission Applications are made within 3 weeks of being terminated. Your attorney should make the claim on your behalf within this period. It is best to seek professional guidance and assistance because you cannot think of going through the legal process yourself.

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