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In Cairns, Australia, wrongful termination, also known as unfair dismissal, occurs when an employer ends an individual's employment without reasonable cause or without following due process. Employees are protected against wrongful termination under the Fair Work Act 2009, which sets out specific rules around terminations, including providing fair notice and valid reasons for dismissal.
Situations where you might need a lawyer include proving your dismissal was without a valid reason, or that it was harsh, unjust, or unreasonable. You may also need a lawyer if you challenge the termination as an adverse action, which includes being dismissed because of your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Lawyers can assist in negotiating settlements and handling documentation or legal proceedings.
In Cairns, and the broader Australia, the Fair Work Act 2009 sets out specific regulations regarding wrongful termination. The Act establishes that employers must provide a valid reason related to the employee's capacity or conduct to justify a dismissal, and the termination should not be harsh, unjust, or unreasonable. If an employee feels their termination breaches any aspect of the Fair Work Act, they may lodge a claim with Fair Work Commission, within 21 days of the dismissal effect taking place.
Claims for unfair dismissal must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect.
Generally, you should be employed for at least 6 months to file an unfair dismissal application, or at least 12 months in case of small businesses.
The resolution usually takes the form of reinstatement, reemployment in a different position, or compensation.
Valid reasons for dismissal typically involve misconduct, consistent poor performance, habitual neglect of duty, or incapacity to perform the role.
While it's not necessary to hire a lawyer, it is often advised to take legal assistance to ensure accurate application process and obtain best advice for your case.
It is recommended to consult the Fair Work Commission's website and the Fair Work Ombudsman's site for more detailed information regarding wrongful termination laws and rights. Community legal centres and the Queensland Law Society can also provide helpful resources and support.
If you believe you have been wrongfully terminated, it is advised to first consult with a legal professional specialising in employment law. Document and organise any relevant evidence, emails, letters, or performance reviews that can be used in your defence. Begin applying for a claim via the Fair Work Commission's website and ensure it's lodged within 21 days of the dismissal taking effect.
