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...
Melbourne, Australia

English
Jewell Hancock Employment Lawyers is a dedicated employment law firm in Australia, focusing exclusively on representing employees. Founded by principals Andrew Jewell and Trent Hancock, who collectively possess over two decades of experience, the firm offers comprehensive legal services to workers...
Executive Rights
Sydney, Australia

Founded in 2001
10 people in their team
English
Firm ProfileExecutive Rights Employment Lawyers was established in 2001 by Bruce Planck, solicitor, to meet the particular needs of Australian executives with respect to their employment law issues. This includes those executives in the expatriate community. Since that time, a large number of...
Mandurah, Australia

Founded in 2012
4 people in their team
English
Petherick Cottrell Lawyers is a Mandurah based law firm established in 2012 by Trent Petherick and Rex Cottrell to serve the Peel region with experienced, proficient and friendly lawyers. The firm is noted for its professional approach, clear and plain language advice, and a focus on delivering...
Turnbull Hill Lawyers
Charlestown, Australia

Founded in 1969
41 people in their team
English
Turnbull Hill Lawyers is a leading Australian law firm with roots dating back to 1969, serving clients across Newcastle, Maitland, the Central Coast and Sydney with a broad range of personal and business legal services. The firm focuses on Family Law, Wills and Estates, Conveyancing, Criminal Law,...
Harmers Workplace Lawyers
Brisbane, Australia

Founded in 1996
42 people in their team
English
ABOUT HARMERSHarmers Workplace Lawyers was formed in 1996 and is one of Australia’s largest employment and industrial law practices with offices in Sydney, Melbourne and Brisbane. The firm focuses on innovative, high quality problem solving and a preventive approach to law across all areas of...
Bell Lawyers
Penrith, Australia

Founded in 1984
10 people in their team
English
About UsBell Lawyers was established in Penrith in 1984 and since that time has been providing quality legal services to the people of Western Sydney including country and regional NSW.Our firm has achieved a reputation for excellence, commitment, integrity and professionalism.Personal referrals...
Johnstone Crouse Lawyers
Perth, Australia

Founded in 2018
10 people in their team
English
About usWe are a law firm in Perth, WA that provides consistent, quality and cost effective legal services in family law, property law and business law. We know that no two matters are the same which is why we take a customised approach to every matter.SpecialtiesFamily Law, Family Lawyers, Civil...
Hillhouse Burrough McKeown
Brisbane, Australia

Founded in 1991
50 people in their team
English
About usWelcome to Hillhouse Legal Partners. We provide our clients with trusted, solutions-oriented legal strategy and advice, as we have for nearly 30 years. As a mid-sized law firm, we combine broad legal expertise with responsive and personal service. We apply our knowledge and experience to...
Lotus Legal
Balcatta, Australia

8 people in their team
English
Lotus Legal is a family-owned legal practice based in Perth with offices in Balcatta, Rockingham and Jurien Bay. The firm specialises in property settlements, property law, estate planning and deceased estate administration, family law and employment law, and provides services to individuals and...
AS SEEN ON

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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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.

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