If your employer has terminated you or dismissed you, you should consult a lawyer right away. If you think that the termination was unlawful or against the law practices, you should stand for yourself by consulting a lawyer. However, before you try to challenge your unfair dismissal, you should know the following information.
Vital Facts to Know Before Filing for Unfair Dismissal
Here are some of the most common FAQs connected to unfair dismissal and how to deal with it.
When Is an Individual Qualified to Counter Unfair Dismissal?
You may qualify for unfair dismissal if you are an employee and the specific circumstances of your case are as follows:
You are employed under a contract of service.
Your contract of service is terminated by your employer without a good enough reason.
You have any of the following dismissals:
You have served more than 12 months in the job at a place of employment.
You have served less than 12 months at a place of employment, but you have served more than six months in the job.
You have served less than six months at a place of employment, but you are an employee who has served 12 months in an industry in which your employer is engaged.
What Happens After Lodging Unfair Dismissal?
This depends on your employment status when you have been terminated. If you are an employee and your dismissal has been completely unlawful, you may be able to lodge an unfair dismissal claim. In general, your case will be like this:
You will be notified by your employer that you have been dismissed.
The dismissal is considered to be in breach of the contract of service.
You have the right to make a written representation or a response to the dismissal.
You have the right to lodge a complaint with either the Fair Work Commission or the Federal Court of Australia.
In most cases, the employer will make a decision to dismiss you summarily. This means that your employer will not provide you with an explanation for the dismissal, and he will often tell you that it is because of an undisclosed reason. When this happens, you can file an unfair dismissal claim within 14 days.
What Are the Fair Practices Related to Employee Termination?
Unfair dismissal is one of the issues that an employer must consider when terminating an employee. Here are some of the important practices that employers must follow.
In general, a dismissal must be for a fair reason. This is also known as a substantial or relevant reason.
To avoid losing a lawsuit or having their case dismissed, employers must provide a valid reason or cause for termination.
If you find yourself being fired without any notice or reason, you should consult a lawyer immediately.
Your employer should follow the set laws and regulations when terminating your services. If he does not show due respect for your employment status, it is likely that you will be able to file an unfair dismissal lawsuit against your employer. However, it is important to consult a lawyer first to ensure that you are fully aware of your rights and duties as an employee.
If you are looking for a lawyer that has experience in unfair dismissals, contact Saines Legal. We have a team of lawyers experienced and knowledgeable in all areas of Employment Law. We focus on a tailored approach to our clients’ needs.