Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful termination, also known as unlawful termination, is when an employer dismisses an employee in a manner that is inconsistent with the legal framework in Australia. This could include instances such as discrimination, retaliation for making a complaint, dismissing a person for temporary absence due to illness, etc. Employers and employees are protected under the Fair Work Act of 2009, thus enabling individuals who believe they have been wrongfully terminated to seek legal remedies.
A lawyer who specializes in wrongful termination can provide legal advice, help understand your rights, represent you in court if necessary, or negotiate a settlement with your former employer. Situations where you may need a lawyer include when you're terminated on discriminatory grounds (such as age, sex, race, religion, physical or mental disability), or if you are sacked for taking entitled leave or raising a complaint, and if you experience consequences for whistleblowing about illegal activities within the organization.
Key aspects of local laws relevant to wrongful termination in Forster, Australia largely stem from the New South Wales Anti-Discrimination Act of 1977 and the Fair Work Act 2009. Essentially, these laws prevent employers from terminating employees on discriminatory grounds or for exercising their workplace rights. In addition, an employer is not allowed to dismiss an employee for temporary absence due to illness or injury, and they must issue appropriate notice and/or pay in lieu of notice.
Wrongful termination includes any circumstance where your employer has not complied with the employment contract when terminating you or has breached employment laws or labor standards.
In accordance with the Fair Work Act 2009, you must file an application for unfair dismissal within 21 days of your dismissal effective date.
If you win a wrongful termination case, you could receive compensation for lost wages, job reinstatement, or even damages for pain and suffering caused by the wrongful termination.
Yes, if you have been unlawfully terminated, you may have the right to be reinstated to the position you held before your dismissal or a similar role.
While you can file a claim independently, engaging a lawyer improves your chances of success and acquiring an adequate settlement. A lawyer can provide crucial guidance and represent your best interests.
In addition to seeking legal advice or representation, you may find it helpful to contact the Fair Work Commission or the Anti-Discrimination NSW for information relevant to wrongful termination. Each provides resources that might help you understand your situation better.
If you believe you have been wrongfully terminated, the first step is to gather all related documents and evidences, such as a termination letter, employment contract, payslips, etc. Then, consult a lawyer specializing in wrongful termination law as they can guide you through the process, support you during hearings, and help negotiate settlements. Remember to file your claim within 21 days from the date of termination.
