Best Wrongful Termination Lawyers in Brunswick

About Wrongful Termination Law in Brunswick, Australia

Wrongful termination, also called unfair dismissal, occurs when an employer ends an employee's contract in violation of legal rights, fair work principles, or without a valid reason. In Brunswick, Victoria, part of greater Melbourne, wrongful termination is largely governed by federal Australian employment law but also considers specific Victorian and local requirements. Employees are protected against unfair dismissal through the Fair Work Act 2009 and the Fair Work Commission, ensuring fair treatment and procedures are followed before finalizing any termination.

Why You May Need a Lawyer

Legal advice is crucial in wrongful termination claims due to the complexity of the law and deadlines involved. Individuals might need a lawyer if:

• They were dismissed without a valid reason or without being given a chance to respond to allegations.
• They believe the termination was related to discrimination, industrial activity, pregnancy, or exercising workplace rights.
• The employer failed to follow proper procedures or provide warnings before dismissal.
• They need assistance understanding entitlements such as notice periods, redundancy pay, or outstanding wages.
• Retaliation occurred after making a complaint or whistleblowing.

A lawyer can ensure your case is presented correctly, your rights are protected, and you comply with strict timeframes for lodging a claim.

Local Laws Overview

Brunswick falls under the jurisdiction of the Fair Work Act 2009, administered nationally by the Fair Work Commission. Key aspects include:

• Most employees are covered by the national workplace relations system.
• A termination is "unfair" if it is harsh, unjust, or unreasonable, not a case of genuine redundancy, and the employer is not a small business (or fails to follow the Small Business Fair Dismissal Code).
• Employees usually need a minimum period of service: 6 months for larger employers, 12 months for small businesses.
• The Fair Work Commission is the primary body where wrongful termination claims are lodged.
• Victorian Equal Opportunity Act 2010 may apply if dismissal involved discrimination.
• Strict deadlines apply - usually 21 days from the date of termination to make a claim.

Frequently Asked Questions

What counts as wrongful termination in Brunswick, Australia?

Wrongful termination includes being dismissed without a valid reason, without proper process, in breach of an employment contract, or for reasons such as discrimination, exercising a workplace right, or whistleblowing.

How soon do I need to act after being dismissed?

You must usually file an unfair dismissal application with the Fair Work Commission within 21 days of your dismissal taking effect.

Am I entitled to severance or redundancy pay?

Entitlement to redundancy pay depends on your length of service, the size of the employer, and the circumstances of your termination. Not all terminations result in redundancy pay.

Can I claim for wrongful termination if I was fired during a probationary period?

You must have completed the minimum employment period (generally 6 or 12 months) to make an unfair dismissal claim. However, other protections may still apply, especially if the dismissal was for a prohibited reason.

What if I was dismissed due to illness or injury?

It is unlawful for an employer to dismiss you for illness or injury if you are temporarily absent from work and provide required evidence. Legal exceptions apply, so seek advice.

Can I represent myself at the Fair Work Commission?

Yes, you can self-represent, but having a lawyer or employment representative often improves your chances of success, especially for complex matters.

What remedies are available for wrongful termination?

Remedies may include reinstatement to your job, compensation, and payment for lost entitlements. Compensation is capped and depends on your circumstances.

How do I know if my termination was a genuine redundancy?

A genuine redundancy occurs when your employer no longer needs your job done by anyone, and proper consultation occurs if an applicable award or agreement exists.

What if I am employed by a small business?

Small businesses must follow the Small Business Fair Dismissal Code. If they comply with this code, protections may be different. Seek legal advice if unsure.

Can I be dismissed for making a complaint about workplace conditions?

No, it is unlawful to dismiss an employee for exercising a workplace right, including making complaints or inquiries about employment conditions or safety.

Additional Resources

The following resources and organizations can provide further help with wrongful termination issues in Brunswick, Australia:

• Fair Work Commission - handles unfair dismissal claims and provides information on employee rights
• Fair Work Ombudsman - offers advice on national workplace laws, entitlements, and complaint processes
• Victorian Equal Opportunity and Human Rights Commission - assists individuals with discrimination-related dismissal
• JobWatch - community legal centre specializing in employment law advice
• Victoria Legal Aid - offers free and discounted legal services for eligible people
• Law Institute of Victoria - referral service for employment lawyers in Brunswick and statewide

Next Steps

If you believe you have been wrongfully terminated in Brunswick, Australia, act quickly. Record details of your dismissal, collect relevant documents (such as employment contracts, payslips, correspondence), and seek legal advice as soon as possible. Contact the Fair Work Commission or a local employment lawyer to discuss your situation and verify eligibility to make a claim. Remember to submit your application within 21 days of your dismissal whenever possible. Legal professionals can help guide you through the process, assess your case, and represent you at hearings if needed.

Taking prompt and informed action improves your chances of a fair outcome and helps protect your workplace rights.