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Wrongful termination, also known as unfair dismissal, refers to a situation where an employee is dismissed from their job in a manner that breaches one or more terms of the contract of employment. In Gosford, Australia, these cases are governed by the Fair Work Act 2009. The Fair Work Commission (FWC) deals with cases relating to wrongful termination, where it is assessed whether the dismissal was unjust, unreasonable, harsh or discriminatory.
Seeking professional legal help is often important in wrongful termination cases as these cases can be complex. If you've been terminated on unfounded grounds of misconduct or performance issues, a lawyer can assist you in mounting a strong case by compiling necessary evidences. Same applies if you're terminated as a part of discriminatory conduct or if the employer failed to follow a fair process of dismissal. A knowledgeable lawyer can guide you through the legal process, represent your interests before the FWC, and help you achieve the best possible resolution.
The local laws involved in wrongful termination in Gosford take into account several factors. Primarily, whether the person has been terminated on unjust, unreasonable, harsh or discriminatory grounds. According to Section 385 of Fair Work Act 2009, a worker is considered dismissed unfairly if they believed they have been terminated without a strong reason, were not provided procedural fairness, or if they have been let go for discriminatory reasons. The Fair Work Commission ruminates over these claims and allegations to determine the veracity of wrongful termination claims.
Unfair dismissal refers to a situation where your termination is harsh, unjust or unreasonable and/ or your dismissal was not done as a legitimate case of redundancy.
A fair process of dismissal includes the employer providing the employee with a valid reason linked to their capacity or conduct, giving the employee a chance to respond and allowing the employee to have a support person during the discussions.
The application for unfair dismissal must be lodged within 21 days of the dismissal becoming effective.
If the Fair Work Commission decides an unfair dismissal has occurred, it may order the employee's reinstatement, or compensation (up to 26 weeks’ pay).
In certain instances, a forced resignation or a resignation caused due to unbearable conditions can be treated as a dismissal and hence an unfair dismissal claim can be filed.
The Fair Work Commission website provides valuable resources, including information on the process for dealing with unfair dismissal claims. The Fair Work Ombudsman website is another resource which provides information concerning rights, protections and workplace laws in Australia.
If you believe you have been wrongfully terminated, you should seek legal advice as soon as possible. Collect any relevant documents such as employment contracts, workplace policies, correspondence between you and your employer, and maintain a record of incidents related to your termination. This will help your lawyer to assess your case and give advice on the next steps you should take.
