Unfair Dismissal Claims
Dismissal occurs when employment has been terminated at the direction of an employer, or a person has been forced to resign.
If you have been dismissed from work harshly, unjustly or unreasonably you may have grounds to make a claim for unfair dismissal. Harsh, unjust or unreasonable is broad in its application and the Fair Work Commission will consider all surrounding circumstances for your case to see if an employee has been treated unfairly.
Unfair dismissal can also occur in the case of a non-genuine redundancy, or where the dismissal was inconsistent with the Small Business Fair Dismissal Code.
All employees in Victoria are covered are covered by the national workplace relations system. Most employees will be able to make a claim for unfair dismissal by lodging an application to the Fair Work Commission within 21 days of the dismissal becoming effective. Employees must have completed the minimum employment period of one year (in a small business of less than 15 employees) or six months.
The Commission does not provide legal advice, so it is important employees take the time to garner the appropriate knowledge regarding an unfair dismissal. Obtaining legal advice in the early stages of an unfair dismissal proceeding is critical for both parties to ensure both sides approach the proceedings with the best possible understanding of the laws relating to this area and the process that lies ahead.
PH Solicitor have extensive experience in unfair and wrongful dismissal cases across a range of courts and commissions including: Federal Circuit Court, County Court, Magistrates’ Courts of Victoria and the Fair Work Commission. We understand that this is often a stressful period and it is important that relationships are maintained, and we will do what is necessary to get the best outcome for an employee or employer facing an unfair dismissal claim.
All employees in Victoria are covered are covered by the national workplace relations system. Most employees will be able to make a claim for unfair dismissal by lodging an application to the Fair Work Commission within 21 days of the dismissal becoming effective. Employees must have completed the minimum employment period of one year (in a small business of less than 15 employees) or six months, and be earning less than the high income threshold of $153,600 (at 1st July 2020)
