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Wrongful termination, also referred to as unfair dismissal, is a complex area of employment law in Brisbane, Australia. It occurs when an employee's dismissal is harsh, unjust, unreasonable or in are gone in contravention to the Fair Work Act of 2009. The intricate regulations governing wrongful termination law help safeguard the interests of employees from unlawful dismissals and provide avenues for legal recourse and compensation.
Instances where you may require legal help in wrongful termination include: if you've been dismissed without notice or reason, if you believe the grounds for your dismissal were unjust or harsh, or if you've been discriminated against, harassed or victimised in the workplace leading to your dismissal. The intricacy of these cases necessitates expertise from a lawyer knowledgeable in employment law to help guide you through the arbitration or litigation process.
The primary legislation pertaining to wrongful termination in Brisbane, Australia is the Fair Work Act 2009. In summary, employees are protected from dismissal that is not a genuine redundancy or if the employee could not reasonably have been expected to take another job within the employer's business, and if the dismissal was harsh, unjust or unreasonable. However, there are specific rules surrounding eligibility based on employment period, company size, income, and other factors.
In essence, wrongful termination includes any dismissal that is harsh, unjust or unreasonable or any termination for which an employee was not given prior formal notice.
If you believe you've been wrongfully terminated, it's recommended to consult with an employment lawyer immediately, as there are specific time limitations to take action under the Fair Work Act.
Compensation for wrongful termination cases is usually calculated based on lost remuneration and benefits, along with any hurt, distress, and humiliation suffered as a result of the wrongful dismissal.
Under the Fair Work Act, an employer must give you a reason why you are being dismissed if you ask for one. Dismissal without a valid reason could constitute wrongful termination.
Under the Fair Work Act, you have 21 days from the date of your dismissal to file a claim. This can only be extended in exceptional circumstances.
You may find valuable resources from the Fair Work Commission, the national workplace relations tribunal. They have a wide range of information about wrongful termination, and can assist with filing a claim. The Fair Work Ombudsman can also provide guidance on your rights, obligations, and how to comply with Australia's workplace laws.
If you need legal assistance in wrongful termination, start by consulting an employment lawyer in Brisbane right away. They can provide expert advice tailored to your specific circumstance, guide you on whether you have a valid claim, and help you understand your next possible steps. Remember, timing is critical due to the strict time restrictions that apply.
