There are a number of things to consider in assessing whether or not you have a claim for an unfair dismissal remedy. It is important that you seek legal advice from an unfair dismissal lawyer before commencing a claim in order to ensure that you are eligible.
We offer exceptional legal services at affordable rates to ensure your fair work general protections are upheld. If you think you have a claim, reach out to us for assistance or call 07 3726 5002.
There are strict timeframes that apply to an unfair dismissal claim. To proceed with an Unfair Dismissal Application the employee must lodge their claim within 21 days of the dismissal taking effect. If you believe you are out of time it is crucial that you seek legal advice ASAP from a fair work lawyer. We may be able to assist you with pursuing an unfair dismissal claim outside of the 21 day timeframe if ‘exceptional circumstances’ exist. A knowledgeable fair work lawyer can guide you through the complexities of your case.
An eligible employee will have been ‘dismissed’ from their employment if their employment was either (1) terminated at the employer’s initiative; or (2) they were forced to resign because of certain conduct by the employer.
If the employee is eligible to pursue an unfair dismissal remedy, the question becomes – was the dismissal harsh, unjust or unreasonable?
Whether or not a dismissal is unfair will depend on a number of factors and there are some exceptions to the general rule. For instance, if the dismissal was a ‘genuine redundancy’ or the employer is a ‘small business employer’ and they have complied with the Small Business Fair Dismissal Code in effecting the dismissal, then the dismissal will be fair.
If you believe your dismissal was harsh, unjust, or unreasonable, consulting a wrongful termination lawyer can help you understand your rights and options.
Once an application for unfair dismissal has been lodged with the Fair Work Commission, the matter will typically be listed for a conciliation conference. This is an opportunity for the employer and employee to resolve the unfair dismissal dispute.
Employees can be legally represented at conciliation conferences. If you require legal representation by an experienced unfair dismissal lawyer please get in touch.
If the dispute cannot be resolved at the conciliation conference, you will have a series of options available to you as to how you wish to proceed. This could include withdrawing your initial application, proceeding to an arbitration or a hearing before a member of the Fair Work Commission.
There are also a number of other steps that the Fair Work Commission may decide to take in managing the application. In some cases, the matter may also involve a jurisdictional hearing if the employer believes the Fair Work Commission does not have jurisdiction to deal with the application.
If you are not a national system employee you will not be eligible to file an unfair dismissal application in the Fair Work Commission. However, you may be eligible to pursue an unfair dismissal remedy through the Queensland Industrial Relations Commission with the aid of an expert unfair dismissal lawyer. Contact us to find out more.
Book a Consultation Now
If you would like to explore your rights to pursue a claim there are several ways that we can help.
If you’d like to have a quick chat to see if it looks like you have a case, then our complimentary 15-minute call option is the perfect place to start.
If you’re ready to proceed with finding your voice in the workplace, you can book in for a 1 hour paid consultation for a detailed and tailored discussion about your legal options and prospects.
The consultation is conducted via telephone or online conference call.
The cost is $450 plus GST and is payable at the time of booking.
If you’d prefer to meet face to face, perhaps because of the complexity of the matter and the need to piece out a more detailed case strategy, or you just prefer to meet in person, our 2-hour Legal Advice and Strategy Session is the best place to start.
We offer face to face meetings at either an office location, coffee shop or any other mutually convenient space on the Gold Coast.
The cost is $750 plus GST and is payable at the time of booking.
The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.
Rubix Legal are employment lawyers dedicated to assisting employees with workplace matters. Take control of your legal concerns today with reliable advice.
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