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Wrongful Termination, also commonly known as Unfair Dismissal, is a complex legal issue in Canberra, Australia. It occurs when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. This may include situations where the employee was not given a fair opportunity to respond to allegations about their performance or conduct, a failure of due process, or scenario where the dismissal was not a genuine redundancy.
Engaging a lawyer is advisable in cases of wrongful termination because the laws and procedures surrounding this field are complex and could potentially be subjective. A lawyer can properly guide you during each step of the legal process such as filing a complaint, representing you at mediation, in conciliations, or during hearings before the Fair Work Commission. Furthermore, a lawyer will understand legal developments and be able to argue your case on grounds of law to ensure your rights are protected adequately.
The primary law governing wrongful termination in Canberra is the Fair Work Act 2009 (Cth). This legislation offers wide-ranging protections for employees from unfair treatment, including unlawful dismissal. A claim for wrongful termination must typically be lodged with the Fair Work Commission within 21 days of the termination notice, highlighting the importance of taking prompt action. Significant factors considered by the commission include the severity of the conduct leading to dismissal, the impact the termination has on the employee, and the size of the employer's business.
A wrongful termination is generally a termination that infringes some provision of the Fair Work Act. This could involve sacking someone for discriminatory reasons, for exercising a workplace right, or a dismissal that is harsh, unjust or unreasonable.
Generally, all employees in Australia are safeguarded from unjust dismissal, but certain conditions must be met. The specific criteria are outlined in the Fair Work Act, and it is advisable to speak with a lawyer to ensure you qualify for protections.
While you can technically lodge a complaint yourself, it's generally advisable to have a lawyer assist you due to the complexity of the laws involved.
If your wrongful termination claim is successful, compensation is typically six months' pay or half the high-income threshold, whichever is lesser. Other remedies include reinstatement and non-financial remedies such as an apology.
The timeframe to lodge a wrongful termination claim is strictly 21 days from the date of dismissal, according to the Fair Work Act 2009.
The Fair Work Commission (FWC) website provides an extensive amount of information and resources on Wrongful Termination. Further legal advice can be obtained from local law firms and legal centres specializing in employment law like the ACT Community Legal Services.
If you believe you have been wrongfully terminated, it is advisable to promptly seek advice from a lawyer or legal service. They can guide you through the process of lodging a claim with the Fair Work Commission and represent you at mediation or hearings. Ensure to keep all pertinent employment records and documents as they may be required during the process.
