When a national system employer removes an employee, it is considered unfair if the dismissal was “harsh, unjust, or unjustified.” Termination, coerced resignation, or voluntary departure where the employee felt they had little choice is all examples of “dismissal.” The Fair Work Act of 2009 prohibits unfair dismissal. Our unfair dismissal lawyers in Sydney based represent both employers and employees in unfair dismissal cases a daily basis.
Criteria for filing an unfair dismissal claim
An employee who fits specific conditions and believes they have been unfairly dismissed may file an unfair dismissal remedy application with the Fair Work Commission. The employee must have been employed for more than 12 months (if the employer is a Small Business Employer) to be eligible to file an unfair dismissal claim.
- If not, you must have worked for at least 6 months;
- must have earned less than the existing ‘high-income threshold,’ which is $142,000 per year; and
- The application for an unjust dismissal remedy must be filed within 21 days of the dismissal’s effective date.
What do you have to look forward to from us?
If you’re planning to fire an employee, talk to one of our Sydney employment lawyers to make sure the firing is done fairly. Alternatively, if you were fired from your job in a way that you believe was unfair, unjust, or unreasonable, one of our unfair dismissal lawyers Sydney may be able to get you reinstated, negotiate a more advantageous termination payment, or collect your full entitlements plus compensation. Our unfair dismissal lawyers Sydney will be able to assess your case and the facts surrounding it, and provide you with a preliminary legal opinion on whether you were unfairly dismissed and, if so, what, if any, damages you may be entitled to. If you need employment legal counsel about a possible unfair dismissal situation, you can schedule an appointment with one of our employment lawyers right now. RS Law Lawyers are professional will dispute lawyers in Sydney, providing a range of family-focused legal services to clients contesting a will. Our team has decades of experience in estate law matters involving will contests and can help you and your family reach the best possible outcome. Whether it’s a simple challenge or a more complex disagreement, our skilled legal team will walk you through the entire process, including chores like submitting the proper documents and resolving asset division, whether the assets are in Australia or overseas. We’ll work together to get through this tremendously trying period and find a solution that will ensure your family’s future. Working with professional will dispute lawyers in Sydney has several numbers of advantages, the most important of which is the option of resolving will disputes through mediation. We take a collaborative approach with our clients, working with them to understand their interests in the often complex wills and estate disputes.