Best Wrongful Termination Lawyers in Australia

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Cogent Legal Pty Ltd
Cheltenham, Australia

Founded in 2020
15 people in their team
English
Employment & Labor Wrongful Termination Employment Rights +10 more
Cogent Legal is a Melbourne based law firm that provides corporate and commercial legal services to businesses and individuals. The firm focuses on corporate and commercial matters including business acquisitions and sales, franchise arrangements, commercial property deals, and governance...
Nikolovski Lawyers
Wollongong, Australia

Founded in 1998
20 people in their team
English
Nikolovski Lawyers is a Wollongong based law firm with over 25 years of experience serving the Illawarra region and beyond. The firm is known for its practical approach, clear communication, and commitment to the local community.Its practice areas include Accidents & Injuries, Family, Real Estate,...
Mike Ball Dive Expeditions
Sydney, Australia

Founded in 1969
English
Mike Ball Dive Expeditions operates from Cairns, Australia, delivering world class liveaboard scuba diving to the Great Barrier Reef and the Coral Sea. The company was founded in 1969 by Mike Ball and has developed a reputation for safety, quality and professional service, supported by Spoilsport,...
Shore Lawyers
Sydney, Australia

Founded in 2014
25 people in their team
English
Shore Lawyers is recognised as one of the best law firms in Sydney with offices in North Sydney and Sydney CBD. Our team of highly experienced legal professionals specialises in Litigation, Commercial and Corporate Law, Property, Wills and Estates, Family, Employment and Criminal Law. We are...
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...
Hammond legal
Perth, Australia

Founded in 1992
10 people in their team
English
Practical Legal SolutionsFounded and directed by John Hammond, Hammond Legal has been in operation as a legal practice since 1992.  With offices in West Perth and Albany, our lawyers can assist you with issues relating to criminal law, wills and estates, litigation, commercial law,...
MKI Legal
Perth, Australia

Founded in 2012
English
MKI Legal is a trusted law firm based in Australia, renowned for its deep expertise in employment and family law. The firm’s team of dedicated lawyers brings extensive experience to every case, offering informed and strategic solutions to individuals and businesses alike. MKI Legal’s practice...
Murdoch Clarke
Hobart, Australia

Founded in 1894
50 people in their team
English
About usMurdoch Clarke was established by George Murdoch on 22 November 1894 and has been in its current premises at 10 Victoria Street, Hobart since 1967. Murdoch Clarke is one of Tasmania’s oldest and largest legal firms and has been providing a proactive and full range of legal services of the...
Tindall Gask Bentley, Adelaide
Adelaide, Australia

Founded in 1970
English
Established in 1970, Tindall Gask Bentley (TGB) has grown to become one of South Australia's largest plaintiff law firms, offering a comprehensive range of legal services. The firm's areas of expertise include personal injury claims, family and divorce law, wills and estates, criminal law,...

Founded in 2000
43 people in their team
English
AR LAW SERVICES: Lawyers & ConsultantsAR LAW SERVICES: Master Migration & Litigation Lawyers is a Melbourne based full service Australian immigration and litigation law firm with offices throughout Australia.  Built upon a foundation of integrity, expertise and commitment to success,...
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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.

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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.