Best Wrongful Termination Lawyers in Australia

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A J Law & Co

A J Law & Co

Brisbane, Australia

Founded in 2016
50 people in their team
AJ & Co was founded in 2016 by Managing Partner Andrew Johnson. Andrew was driven to create a results orientated, relationship-focussed...
English
J. King & Associates

J. King & Associates

Melbourne, Australia

Founded in 1999
25 people in their team
About Us Jamie King2019 to presentMember of the Law Institute Commercial Litigation Advisory Committee.2002Graduated as Master of Commercial Law...
English
Maurice Blackburn Lawyers

Maurice Blackburn Lawyers

Sydney, Australia

Founded in 1919
5,000 people in their team
About usMaurice Blackburn Lawyers is Australia’s leading plaintiff and social justice law firm. We have built a reputation on the unwavering belief...
English
Perth Criminal lawyer hammond legal

Perth Criminal lawyer hammond legal

Perth, Australia

Founded in 1992
10 people in their team
Practical Legal SolutionsFounded and directed by John Hammond, Hammond Legal has been in operation as a legal practice since 1992.  With...
English
Goldrick Farrell Mullan with Humphreys & Feather

Goldrick Farrell Mullan with Humphreys & Feather

Sydney, Australia

Founded in 1988
16 people in their team
Our reputation is based upon our results .... ​Welcome to Goldrick Farrell Mullan Lawyers            ...
English
Ogilvie Jennings

Ogilvie Jennings

Hobart, Australia

Founded in 2001
50 people in their team
About usOgilvie Jennings is a leading dynamic and progressive Tasmanian law firm. From our Hobart, Kingston and Glenorchy offices, we provide...
English
Bold Lawyers

Bold Lawyers

Hobart, Australia

Founded in 2004
10 people in their team
About usBold Lawyers know that experience and great results are important. Just as important is the amount of money charged by your lawyer to achieve...
English
E. P. Johnson & Davies

E. P. Johnson & Davies

Melbourne, Australia

Founded in 1961
38 people in their team
Who we are…Hicks Oakley Chessell Williams is a well-respected law firm whose origins began in 1961 in Mount Waverley, an Eastern suburb of...
English
Clarke & Gee Lawyers

Clarke & Gee Lawyers

Launceston, Australia

Founded in 1891
13 people in their team
About Us The history of our firm dates back to 1891. The current firm name “Clarke & Gee” was first used in 1932 and we have been...
English
Murdoch Clarke

Murdoch Clarke

Hobart, Australia

Founded in 1894
50 people in their team
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...
English

About Wrongful Termination Law in Australia:

Wrongful termination, also known as unfair dismissal, occurs when an employer terminates an employee's contract in breach of the law or employment agreement. In Australia, employees have rights protected by both federal and state laws which govern the circumstances under which a termination can be considered wrongful.

Why You May Need a Lawyer:

There are various situations where individuals may require legal help for wrongful termination, including being dismissed for reasons related to discrimination, retaliation, whistleblowing, or being terminated without notice or proper procedure. A lawyer specializing in employment law can help determine if you have a case and guide you through the legal process.

Local Laws Overview:

In Australia, the Fair Work Act 2009 is the primary legislation governing wrongful termination. It provides employees with protection against unfair dismissal and sets out the procedures for resolving disputes related to termination. Each state also has its own relevant laws and regulations that may apply in cases of wrongful termination.

Frequently Asked Questions:

1. What qualifies as wrongful termination in Australia?

Wrongful termination in Australia typically involves a dismissal that is harsh, unjust, or unreasonable. This can include being terminated for discriminatory reasons, exercising workplace rights, or without following proper procedures.

2. How long do I have to file a claim for wrongful termination?

Under the Fair Work Act, claims for unfair dismissal must be lodged within 21 days of the dismissal taking effect. It's crucial to act quickly if you believe you've been wrongfully terminated.

3. Can I be compensated for wrongful termination?

If your claim for wrongful termination is successful, you may be entitled to compensation for lost wages, benefits, and damages resulting from the wrongful dismissal.

4. What evidence do I need to prove wrongful termination?

Evidence such as emails, performance reviews, witness statements, and other documentation can be crucial in proving a case of wrongful termination. A lawyer can help you gather and present the necessary evidence.

5. What are my rights if I've been wrongfully terminated?

If you've been wrongfully terminated, you have the right to challenge the dismissal through legal avenues such as filing a claim with the Fair Work Commission or seeking assistance from an employment lawyer.

6. Can I settle a wrongful termination claim out of court?

Yes, many wrongful termination claims in Australia are settled through negotiations between the parties before proceeding to court. It's advisable to seek legal advice to ensure you receive a fair settlement.

7. Can I be terminated while on leave?

Terminating an employee while on leave can be considered unlawful if done for discriminatory, retaliatory, or other wrongful reasons. It's important to seek legal advice if you believe you were terminated while on leave unfairly.

8. Can I be terminated for reporting wrongdoing in the workplace?

No, the law protects employees from being terminated for whistleblowing or reporting wrongdoing in the workplace. If you believe you were terminated for this reason, you may have grounds for a wrongful termination claim.

9. Are there exceptions to the 21-day time limit for filing a claim?

In certain circumstances, such as exceptional circumstances or serious illness preventing you from filing within the 21-day limit, the Fair Work Commission may allow an extension. It's important to seek legal advice if you believe you have a valid reason for missing the deadline.

10. How can a lawyer help me with a wrongful termination claim?

A lawyer specializing in employment law can assess your case, advise you on your rights and options, help you gather evidence, negotiate with your employer, and represent you in legal proceedings if necessary. They can be invaluable in securing a fair outcome for your wrongful termination claim.

Additional Resources:

For further information and assistance with wrongful termination claims, you may consider contacting organizations such as the Fair Work Ombudsman, the Australian Human Rights Commission, or seeking advice from local community legal services specializing in employment law.

Next Steps:

If you believe you've been wrongfully terminated and require legal assistance, it's crucial to act promptly. Contact an employment lawyer specializing in wrongful termination cases to discuss your situation, understand your rights, and determine the best course of action to seek redress for your wrongful dismissal.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.