Best Wrongful Termination Lawyers in Australia

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Buckley Lawyers Pty Ltd

Buckley Lawyers Pty Ltd

30 minutes Free Consultation
Sydney, Australia

Founded in 2020
6 people in their team
English
Employment & Labor Wrongful Termination Independent Contractor & Misclassification +6 more
We have extensive experience in handling family law, civil and commercial law matters, and have a strong reputation for achieving positive results and exceeding client expectations.  Our approach is to progress and resolve matters as promptly as possible by offering our clients practical and...
TBJ Law
Ashburton, Australia

Founded in 2017
English
TBJ Law presents itself as a client-focused law firm established to support clients throughout their matters, including from initial consultations through to representation in Court. The firm positions its approach around fixed fees, upfront costs, home visits, and after-hours availability,...
Sydney, Australia

English
Advance Law - Angela Blain operates as an Australian legal practice led by Angela Blain, serving clients in Cairns and surrounding regions. The firm is listed as an attorney practice and is presented as a local option for people seeking legal support across multiple common matter types.Client...
Advocate Lawyers
Kingston, Australia

Founded in 2022
10 people in their team
English
About usNow open in Kingston and Hobart! Advocate Lawyers provides services to residents of the Channel, Huon, Hobart and beyond. We can assist with specialist litigation support such as family law or employment disputes, as well as more general services such as conveyancing and wills & estate...
Astris Law

Astris Law

15 minutes Free Consultation
Brisbane, Australia

Founded in 2022
1 person in their team
Astris Law offers comprehensive legal support for directors and business owners navigating the complexities of corporate and commercial law. The firm assists with crucial matters such as company incorporation, shareholder agreements, and mergers and acquisitions, ensuring clients receive tailored...
Holding Redlich
Melbourne, Australia

Founded in 1962
500 people in their team
English
At Holding Redlich, great law is our starting point. Across our offices in Melbourne, Canberra, Sydney, Brisbane and Cairns we provide a complete range of legal services for clients of all sizes including many of Australia’s largest public and private companies and all levels of...
Nevetts Lawyers
Sydney, Australia

Founded in 1953
18 people in their team
English
Nevetts Lawyers offers a broad suite of legal services across Ballarat and Ararat, including Business and Commercial Law, Property Law and Conveyancing, Litigation and Dispute Resolution, Wills, Estate Planning and Probate, and Employment and Workplace Relations. The firm supports individuals,...

Founded in 1998
English
Bayside Solicitors - Lawyers and Barristers in Frankston is a leading legal practice known for its depth of expertise across multiple areas of law. The firm is staffed by experienced solicitors and barristers who focus on delivering clear, strategic advice in fields such as conveyancing, criminal...
Saines Lucas Solicitors
Ararat, Australia

Founded in 1939
English
Saines Lucas Solicitors is a Ballarat-based Australian law firm that describes itself as providing trusted legal services across personal injury, family, property, and business law for generations. The firm highlights a long local history and positions its practice around client-focused...
Ajak & Associates Lawyers
Melbourne, Australia

Founded in 2020
5 people in their team
English
Ajak & Associates Lawyers is a Victoria based law firm providing robust legal representation across criminal law, family law, employment and migration matters, as well as private client services including wills and estates. The team regularly appears in the Supreme Court, County Court, Magistrates...
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About Wrongful Termination Law in Australia

Wrongful termination in Australia refers to situations where an employee's dismissal from their job is deemed unfair, unjust, or unreasonable. Under Australian law, specifically the Fair Work Act 2009, employees have the right to pursue legal action if they believe they have been terminated improperly. The law defines specific conditions under which dismissals can be contested, ensuring that employers follow due process and maintain fairness in managing employment relationships.

Why You May Need a Lawyer

There are several situations where individuals may require legal help regarding wrongful termination:

  • If the termination was without proper notice or due process.
  • If the dismissal was based on discriminatory reasons, such as race, gender, age, or disability.
  • If an employment contract or industrial award was breached during the termination.
  • If the employee was dismissed for exercising their workplace rights, such as making a complaint about safety issues.
  • If the reason for dismissal was fabricated or not substantiated by evidence.
  • If the employee was a victim of workplace harassment leading to their dismissal.

Local Laws Overview

Wrongful termination laws in Australia are primarily governed by the Fair Work Act 2009. Here are key aspects of these laws:

  • Unfair Dismissal: Under the Fair Work Act, an employer must have a valid reason for dismissal and must not dismiss an employee in a harsh, unjust, or unreasonable manner.
  • Minimum Employment Period: Employees must be employed for at least six months (or one year for small businesses) to be eligible to claim unfair dismissal.
  • General Protections: Employees are protected from adverse actions by employers due to their work rights or for discriminatory reasons.
  • Redundancy: Dismissals due to genuine redundancy (when the job is no longer required) are not considered unfair if proper procedures are followed.
  • Small Businesses: Different rules may apply to small businesses (fewer than 15 employees) under the Small Business Fair Dismissal Code.

Frequently Asked Questions

What qualifies as wrongful termination in Australia?

Wrongful termination occurs when an employee is dismissed in a manner that is unfair, unjust, or unreasonable, or when their dismissal breaches the terms of their employment contract or the Fair Work Act.

How long do I have to make a wrongful termination claim?

You must file a claim with the Fair Work Commission within 21 days from the date of your dismissal.

Can casual workers claim wrongful termination?

Casual employees may be eligible to claim wrongful termination if they have had regular and systematic employment with a reasonable expectation of continuing work.

What is the difference between unfair dismissal and wrongful termination?

Unfair dismissal is a type of wrongful termination where the dismissal is harsh, unjust, or unreasonable. Wrongful termination also includes breaches of contract or dismissal due to discrimination.

Do I need a lawyer to file a wrongful termination claim?

While not mandatory, having a lawyer can help navigate the complexities of employment law and increase the chance of a successful claim.

Can I claim for stress caused by wrongful termination?

If wrongful termination has caused you psychological harm, you might be eligible to claim compensation for stress or psychological distress.

What compensation can I get for wrongful termination?

Compensation may include reinstatement of your position, financial compensation for lost wages, or compensation for emotional distress and legal costs.

Can I still claim if I’m under a probation period?

Employees under probation are generally not eligible for unfair dismissal claims unless the dismissal involved discrimination or breach of general protections.

Can I claim wrongful termination after being made redundant?

If the redundancy is not genuine or the process was not followed correctly, you may claim wrongful termination.

How does mediation work in wrongful termination cases?

Mediation is a process where a neutral third party helps both parties reach a mutually beneficial agreement without going to court.

Additional Resources

For further information and assistance related to wrongful termination, consider the following resources:

  • Fair Work Ombudsman: Provides information on workplace rights and obligations.
  • Fair Work Commission: Handles unfair dismissal claims and provides dispute resolution services.
  • Legal Aid: Offers legal assistance to eligible individuals facing employment disputes.
  • Community Legal Centres: Provide free legal advice and support for employment-related issues.

Next Steps

If you believe you have been wrongfully terminated and need legal assistance, consider taking the following steps:

  • Gather all relevant information, including your employment contract and any communications related to your termination.
  • Contact a lawyer who specializes in employment law to discuss your case and understand your rights.
  • File a claim with the Fair Work Commission within the required timeframe if advised to do so.
  • Consider mediation or alternative dispute resolution if suggested by your legal advisor.
  • Stay informed about your rights and responsibilities throughout the process to ensure appropriate legal remedies are pursued.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Termination, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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