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Wrongful termination, or unlawful dismissal, occurs when an employee is dismissed from their job in a manner that breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. In Adelaide, Australia, the Fair Work Act 2009 protects employees from being wrongfully dismissed. It offers guidelines on what constitutes a fair dismissal and provides legal recourse if these guidelines are breached.
If you believe you have been unfairly or unlawfully dismissed from your job, you may need a lawyer to help you understand your rights and legal options. Situations where you might require legal help include being dismissed without proper notice, dismissed based on discriminatory practices, or when your employer fails to consult with you before making dismissal decisions that arise from redundancy.
The Fair Work Act 2009 is the primary law protecting employees in Adelaide. This law highlights certain reasons a termination can be deemed as 'wrongful' such as discrimination, retaliation, refusal to undertake illegal activities, and violation of company policies for terminating employment. The Fair Work Commission, Australia's national workplace relations tribunal, handles claims of wrongful termination. You have a period of 21 days from the date of dismissal to lodge an application with the Commission.
What constitutes wrongful termination in Adelaide?
Wrongful termination typically involves situations where the dismissal was harsh, unjust, or unreasonable; was not case of genuine redundancy; or where the employer did not follow the correct procedure for dismissal.
What can I do if I'm a victim of wrongful termination?
You can lodge an unfair dismissal application with the Fair Work Commission. It's recommended that you consult a lawyer to help you through this process.
How much compensation can I receive?
The compensation depends on various factors such as loss of wages, hurt and humiliation, and future economic loss. The Fair Work Commission has a cap on compensation, currently at a maximum of 26 weeks of pay.
How long do I have to lodge a claim?
You have 21 days from the date of dismissal to lodge an application with the Fair Work Commission.
Do I need to have tried resolving this issue with my employer before making a claim?
It's always recommended to attempt resolution directly with your employer first, however, it's not a mandatory requirement before making a claim.
The 'Fair Work Ombudsman' and 'Fair Work Commission' are excellent resources where you can find more comprehensive information on Australia's employment laws. The 'Law Council of Australia' website also offers valuable resources for understanding employment law.
If you believe you're a victim of wrongful termination, the first step is to consult with a lawyer who specializes in employment law. They can guide you through the process of lodging an unfair dismissal claim with the Fair Work Commission. Ensure you provide all relevant documentation such as employment contracts, dismissal notice etc. Time is critical in these situations, remember you have 21 days from the date of dismissal to lodge your application.
