What do you do when one of your employees keeps getting sick, over & over again? Here are some basic tips about your rights and obligations.
Unfair Dismissal & Fair Work Actions
Our lawyers can provide representation and advice to both employers and employees in relation to unfair dismissal and Fair Work Actions.
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Unfair dismissal and Fair Work actions - Why you need a lawyer
Helping you understand your rights
It is important to understand your rights whether you are either an employee lodging an unfair dismissal claim or an employer subject to an unfair dismissal claim. We can help educate you on your rights and obligations within your particular company, tailoring our advice to suit the circumstances of your individual situation.
Assisting you in understanding if your dismissal was unfair
Your termination as an employee may be deemed unfair if it was harsh, unjust or unreasonable. A lawyer can discuss the facts of your termination with you to determine whether your dismissal was unfair. If it was unfair, we can advise you on how to approach the Fair Work Commission with your case.
Helping you avoid an unfair dismissal claim
Our lawyers can help you, as an employer, avoid unfair dismissal claims by having an employment contract, referencing your policies and procedures in the contract, outlining where your employees can improve and providing set times for them to improve. This can help you terminate employees without risking an unfair dismissal claim.
Guiding you through the process
Many unfair dismissal claims are resolved through negotiation, although sometimes court action may be required. Our experienced team of lawyers can guide you through every step of the process from disciplinary measures, conducting dispute resolution techniques and if required, finalisation of the court litigation process.
Frequently asked questions
- If employers have more than 15 employees, you must have been employed for at least six months; or
- If employers have less than 15 employees, you must have been employed for at least 12 months.
- Harsh (where the dismissal was not a result of the employee’s misconduct and was considered an over-reaction);
- Unjust (if there was no misconduct by the employee or the misconduct was trivial); and
- Unreasonable (the employer’s decision to terminate the employee was unreasonable in all circumstances).
What does the Fair Work Commission consider when deciding if my dismissal was harsh, unjust or unreasonable?
- There was no valid reason for the dismissal relating to the employee’s capacity or conduct;
- The employee was not notified of the reason for their dismissal;
- The employee was not given an opportunity to respond to the reason provided;
- The employer refused to allow the employee to have a support person present at discussions relating to the dismissal; or
- No warnings were given previously in relation to the unsatisfactory performance.
- Dishonest conduct and lying to superiors or co-workers;
- Embezzlement of money or theft of the employer’s or co-worker’s property;
- Endangering the safety of co-workers;
- Repeatedly breaching the policies and procedures of the employer;
- Abusing co-workers or clients;
- Failing to follow clear directions of a superior;
- Damaging the reputation of the employer;
- Continued poor performance despite being warned; and
- Being consistently absent from work without a valid reason.
1. The employer no longer requires the employee’s job to be performed by anyone due to operational changes;
2. The employer complied with any redundancy provisions in the relevant modern award or enterprise agreement; and
3. It was impossible to re-deploy the employee into another job within the employer’s business
Why choose us
We will tell you the truth at all times
We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.
We will respect you and your situation
Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.
We will listen and understand your needs
We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.
We will stand by you all the way
Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.
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