Are you an employee recently dismissed from your job and feeling the circumstances were unjust or harsh? Australian employment law recognises this as ‘unfair dismissal’, and you might have a valid reason to challenge your termination.
In simple terms, ‘unfair dismissal’ occurs when an employee is dismissed from their job, the dismissal is harsh, unjust or unreasonable, and is not a case of genuine redundancy. If the employer is a small business, they must terminate an employee’s employment in accordance with the Small Business Fair Dismissal Code.
Unfair dismissal can occur in many forms. One common form is when termination is not a genuine redundancy or does not relate to the employee’s capacity or conduct. Another instance is when the dismissal is harsh, considering factors like the employee’s length of service and employment record. Additionally, a dismissal can be deemed unfair if proper procedures, such as providing a valid reason and an opportunity to respond, weren’t followed.
So, when should you consider seeking legal advice? Here are some practical tips:
- Immediate Action: If you’ve been dismissed, it’s crucial to act promptly. Strict time limits apply for filing unfair dismissal claims – generally within 21 days after the dismissal takes effect.
- Documentation: Keep all related documents, including employment contracts, correspondence, and any records pertaining to your dismissal. These will be vital evidence for your case.
- Seek Expert Guidance: If your dismissal seems unjust, harsh, or unreasonable or if you believe the correct procedures weren’t followed, consulting with a legal expert is your next step.
As experienced employment lawyers, we understand the emotional and financial stress caused by unfair dismissal. Our role is to simplify the complex legal process for you, providing clear, easy-to-understand advice and robust representation.
By seeking legal counsel, you can ensure your rights are protected and that you’re fully informed before taking any further steps. Remember that you’re not alone in this process and that proper legal support can be your best ally in seeking a fair resolution.
Contact our team to discuss your situation.