Best Wrongful Termination Lawyers in Australia

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Ilberys Lawyers
Sydney, Australia

Founded in 1955
English
Ilberys Lawyers is a Perth law firm established in 1955, positioning itself as a practical, results-driven practice for individuals, not-for-profit organisations, and small to medium enterprises. The firm emphasises long-term experience and a disciplined approach to legal work, describing its...

Founded in 2006
English
First Nations Women's Legal Services NQ Inc. operates as a North Queensland legal service dedicated to empowering Aboriginal and Torres Strait Islander women through legal advice, casework, community legal education, and outreach. The organisation focuses on improving access to legal services and...
Sydney, Australia

English
AbsoluteLaw is a Cairns-based boutique law practice led by Directors Shervin Tambrchi and Amanda Tsakissiris, providing tailored legal services to local, national and international clients. The firm focuses on practical, timely solutions across a wide range of areas and aims to protect clients'...
Herbert Geer & Rundl
Melbourne, Australia

Founded in 1939
500 people in their team
English
About usHerbert Geer is a commercial law firm with offices in Melbourne, Sydney and Brisbane. Our dedicated team of people provide services to a wide range of corporate, private and government clients. Our success in building a respected and trusted law firm is driven by the commitment to our...
Grant & Simpson Lawyers
Sydney, Australia

Founded in 1897
14 people in their team
English
Grant & Simpson Lawyers draws on a long history dating back to 1897 to deliver expert legal services across Central Queensland and Australia. The firm combines deep regional insight with capability in family, employment, criminal law, personal injury and private client matters, offering clear,...
CKL Lawyers
Sydney, Australia

Founded in 1987
9 people in their team
English
CKL Lawyers Melbourne positions itself as an approachable inner Melbourne firm with a practice built around both advisory and dispute resolution. The firm services business and personal clients across Melbourne and surrounding areas, and it emphasises client relationships, listening to clients...

Founded in 2007
25 people in their team
English
Bowden McCormack Lawyers + Advisers is a Darwin-based firm providing high-level legal and strategic advice across urban, regional and remote parts of Northern Australia. The firm focuses on commercial and corporate matters, particularly business structuring and governance, as well as property and...
Jason Parker Legal
Launceston, Australia

English
Jason Parker Legal is a Launceston, Tasmania boutique law firm that operates as a near full-service practice, taking on a wide range of matters while referring clients to external counsel for criminal law. The firm describes its development as stemming from the long-standing Tasmanian 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...
Republic Chambers
Sydney, Australia

English
Republic Chambers presents as a progressive barristers set in Hobart, Tasmania, focused on ensuring access to justice and advocating for human rights. It emphasises acting for people in the community who are marginalised, reflecting a client service approach grounded in fairness and advocacy for...
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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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