Best Wrongful Termination Lawyers in Geelong

About Wrongful Termination Law in Geelong, Australia

Wrongful termination, also called unlawful dismissal, occurs when an employee is dismissed from their job in breach of the law or their employment contract. In Geelong, wrongful termination is governed by both federal and state workplace laws. The Fair Work Act 2009 (Cth) is the primary federal legislation, setting out protections for employees across Australia, including Geelong. Wrongful termination can arise from circumstances such as discrimination, retaliation for exercising workplace rights, or being dismissed without proper process.

Why You May Need a Lawyer

While some employment disputes can be managed directly between an employee and employer, wrongful termination cases often require professional legal assistance. Common situations where people may need a lawyer include:

• Being sacked unfairly or without a valid reason
• Termination in breach of a written employment contract
• Dismissal after reporting workplace misconduct or making a complaint
• Being let go due to discrimination based on age, sex, race, disability, religion, or another protected attribute
• Dismissal shortly after taking or requesting parental or sick leave
• Experiencing redundancy that seems suspicious or not genuine
• Facing threats or bribes to resign instead of being terminated

A lawyer can help assess whether you have a case, gather evidence, represent you in negotiations or hearings, and pursue remedies such as reinstatement or compensation.

Local Laws Overview

In Geelong, wrongful termination cases are largely regulated by the federal Fair Work Act 2009. Some key aspects include:

• Unfair Dismissal: Employees covered by the national system may apply to the Fair Work Commission if they believe they have been unfairly dismissed - for example, if there was no valid reason or the process was unjust.
• General Protections: It is unlawful for an employer to take adverse action against an employee for reasons such as making a complaint, being a union member, or exercising other workplace rights.
• Discrimination: Laws prohibit dismissal based on protected attributes. State-based agencies like the Victorian Equal Opportunity and Human Rights Commission may also assist.
• Notice and Process: Employers must generally provide notice or payment in lieu, and follow the correct procedure laid out in contracts and the law.
• Time Limits: Applications for unfair dismissal must usually be made within 21 days of the dismissal taking effect.

Small businesses and some government roles may have different rules. Confirm your eligibility before proceeding.

Frequently Asked Questions

What is considered wrongful or unfair termination in Geelong?

Wrongful or unfair termination refers to being dismissed in a way that breaches the Fair Work Act, anti-discrimination laws, or your employment contract. This could include being sacked without valid reason, proper notice, or due process.

Who is eligible to make an unfair dismissal claim?

You must be a national system employee and have worked for your employer for a minimum period (generally six months, or twelve months for small businesses). Some types of workers, such as independent contractors, are not eligible.

How soon do I need to act if I am wrongfully dismissed?

You should make a claim to the Fair Work Commission within 21 days of your dismissal. Extensions are rarely granted.

Can I claim for unfair dismissal if I was on probation?

Generally, probation periods are considered in the minimum employment period, so you may not be eligible unless you have completed the minimum time with the employer.

What can I do if my employer discriminated against me in my dismissal?

You can seek help through the Fair Work Commission or the Victorian Equal Opportunity and Human Rights Commission. Discrimination claims can be pursued separately from unfair dismissal claims.

What remedies are available if I win a wrongful termination case?

Remedies could include reinstatement to your previous job, compensation for lost wages, corrections to your record, or other orders at the discretion of the relevant Commission or court.

Do I need to attend a hearing in person?

You may be required to attend a mediation or hearing, but sometimes matters can be settled through written submissions or negotiation beforehand.

Will making a claim cost me money?

There can be application fees for lodging claims, but these may be reduced or waived in some circumstances. Legal fees vary, so consult your lawyer about costs.

Can my employer sack me if I refuse to resign?

Employers cannot force you to resign. If you are threatened or coerced into resignation, this may still be treated as a termination at the employer's initiative.

What if I am made redundant - is that wrongful termination?

Not all redundancies are wrongful. However, if your redundancy is not genuine - for example, your role still exists, or you were targeted for personal reasons - you may have grounds to challenge it.

Additional Resources

If you need more information or assistance, consider contacting these resources:

• Fair Work Commission - handles unfair dismissal and general protections applications
• Fair Work Ombudsman - provides advice and assistance on workplace rights
• Victorian Equal Opportunity and Human Rights Commission - assists with discrimination and equal opportunity issues
• Community Legal Centres - offer free or low-cost legal advice to eligible individuals
• Law Institute of Victoria - can help you find a local employment lawyer

Next Steps

If you believe you have been wrongfully terminated in Geelong, consider the following steps:

• Gather and review your employment contract and performance records
• Write down a timeline and details of events relating to your termination
• Contact the Fair Work Commission or relevant body to check your eligibility and start the claims process if necessary
• Seek advice from a qualified employment lawyer in Geelong to discuss your options
• Act promptly - most claims must be lodged within 21 days of your dismissal

A clear understanding of your rights and the legal process can help protect your interests and increase your chances of a fair outcome.