Most employment disputes dealt with by our unfair dismissal solicitors are carried out under the Fair Work Act 2009 which applies nationwide throughout Australia. This statute replaces most of the previous legislation relating to contentious employment disputes and almost all employers are now required to comply notwithstanding that there may only be a few employees which was not the case under previous law. To qualify for an award of compensation the applicant’s solicitor must show that they were dismissed rather than being made redundant and that the dismissal was harsh, unjust or unreasonable.
Our specialist unfair dismissal solicitors represent clients throughout Australia however due to financial constraints our lawyers are only able to represent those employees with an annual income of more than $100,000.In addition to damages and compensation for termination of employment our unfair dismissal solicitors are able to ask the court for an order for re-instatement provided that application is made within 14 days of dismissal. Time is of the essence and in this case you should not delay taking legal advice from a specialist lawyer. We also make application for damages in the cases of ‘constructive dismissal’ which is an adverse event caused when an employee feels that they have no other alternative than to hand in their notice and self-terminate employment due to an unacceptable situation in the workplace. This may be due to either an employers or co-workers unlawful behaviour however in either case it is preferential to obtain legal advice before termination or as a last resort immediately after termination.
Employees of firms that employ more than fifteen workers are fully protected by the statute provided that they have been in employment for more than 6 months however in the case of an employer with less than 15 workers this period is extended to 12 months and in addition any termination must be in accordance with the Small Business Fair Dismissal Code.
Compensation for the loss of employment is appropriate if reinstatement is not a reasonable alternative and under the Fair Work Act 2009, the court is required to consider the following issues when determining the amount of the financial award :-
The Fair Work Act 2009 (FWAct) is a collection of statutes applying to employment law that supersedes that legislation which formerly applied to states and territories, with some exceptions for local and state employees; it has been in effect since 2010. The FWAct encompasses a number of issues that relate to employment law and disputes that arise due to errant employers’ wrongful application of the law that leads to solicitors compensation claims by former employees for unfair dismissal. The good news for those employees whose solicitors compensation claims are successful is an increase of compensation levels. Additionally, all firms are now included; however, the minimum number of months employed to qualify for compensation claims are directly defined by a firm’s total number of employed personnel.
Most employees within firms which employ 15 staff or more are protected against unfair dismissal according to law under the FWAct except those that have not met the minimum continuous service requirement of six months. That minimum continuous service requirement to qualify is extended up to 12 months in the case of firms that employ less than 15 personnel. In order to qualify for reinstatement and/or compensation damages utilising an unfair dismissal claim an applicant’s solicitor has to show that the termination was a dismissal and not a genuine redundancy and that the dismissal was ‘harsh, unjust, or unreasonable.’ Additionally, those cases where the firm or business has less than 15 personnel in their employ, the dismissal was not according to the Small Business Fair Dismissal Code.
Available remedies pursuant to the FWAct in compensation claims for unfair dismissal only include reinstatement and/or compensatory damages for an applicant who was protected, application was made within a 14-day period to the Fair Work Commission, and there was in fact an unfair dismissal.
Compensation awards for damages are only appropriate when reinstatement would not be possible or feasible by law; however, reinstatement is rarely considered, especially when the employer/employee relationship is tenuous or questionable. The FWC tribunal will examine effects on both the firm and the dismissed employee in considering amounts of compensatory damages it can order for successful claims. The following are issues that might be considered:
Our unfair dismissal solicitors can handle employment compensation claims utilising a no win no fee basis when appropriate. For free legal advice without additional obligation just phone the helpline.
Our unfair dismissal solicitors will initially contact your employer or their employment lawyers and will discuss the matter with them to try to settle the dispute without recourse to the courts. Due to the strict time limits in regard to applications under the Fair Work Act 2009, this discussion will be terminated in short order if agreement cannot be reached quickly and an application will be made to the court without delay. Our solicitors will zealously guard your right to receive compensation as a result of any unlawful actions by your employer and will leave no stone unturned in their quest for damages on your behalf.
