Unfair dismissal claim specialists - Stacks Law Firm employment lawyers NSW
Do you believe you have been unfairly dismissed at work? Acting quickly is paramount to ensuring you are adequately protected by the law. Stacks can help you quickly prepare a strong case against your dismissal and get you the outcome you deserve.
Losing your job unexpectedly is devastating for anyone and can leave you struggling to pay your living expenses and bills. However, if you believe your dismissal has been based on unfounded claims, you may have a strong legal case against your former employer - but you’ll need to act quickly.
A number of federal and state laws protect you in the event of unfair dismissal but strict time limits apply. You have only 21 days from the day you were dismissed to lodge a claim. A Stacks Employment law specialist can help you achieve a swift outcome in your unfair dismissal matter, and ensure that your rights are protected.
What constitutes unfair dismissal?
The law states that a dismissal is unfair if it is ‘harsh, unjust or unreasonable’, and is not a case of genuine redundancy. Several things are taken into account in order to determine whether a dismissal is unfair. These may include:
- Whether there was a valid reason for the dismissal such as the safety of others in the workplace being affected by the employee’s conduct or capacity to fulfill their duties
- Whether the reason for the dismissal was clearly explained to the employee and they were given the chance to respond
- If the reason for the dismissal was unsatisfactory performance, whether the employee had already received a warning
If a business has less than 15 employees, the Small Business Fair Dismissal Code contains the rules around dismissing an employee. If the employer’s actions are not in line with this code then the dismissal may be deemed unfair.
* Note - if you feel you have been dismissed on the basis of a personal attribute (eg. your race, colour, religion, gender, sexual orientation, age, political views etc.), this will fall under a separate area of the law - Workplace Discrimination. See Discrimination, Bullying and Harassment for more information.
What is the process for resolving an unfair dismissal dispute?
- We will take the time to understand the details of your particular employment circumstances, including the terms of your Contract, your actions, and the actions taken by your employer
- We will lodge the claim with Fair Work Australia, along with detailed written submissions containing evidence to support your unfair dismissal
- We will keep you in the loop about the progress of your matter
- We will remain informed about your employer’s defence strategy and respond accordingly
Need to speak to a lawyer about an unfair dismissal matter? Call us today
