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Wrongful termination, also known as unfair dismissal, occurs when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. In Hobart, Australia, like the rest of the country, the Fair Work Act 2009 protects employees from wrongful termination. This law applies to people who have been in continuous service with their employer for a minimum period, usually at least six months. However, there are some exceptions, so it's always best to seek professional advice.
If you believe you have been unfairly dismissed, a lawyer can provide valuable assistance. Legal representation can be particularly important in situations where the cause for termination is unclear, when the employer disputes your claim, or when there are complex factors involved such as discrimination or whistleblowing. Even in less complex cases, a lawyer can guide you through the process, help you understand your rights, and aid in negotiations or settlement discussions.
According to the Fair Work Act 2009, an employee is considered to have been unfairly dismissed if they were unreasonably fired, were not afforded due process, or if the dismissal was not a case of genuine redundancy. For a dismissal to be considered reasonable, the employer must have had a valid reason related to the employee's capacity or conduct. Furthermore, the employee must also be notified of that reason and should be given an opportunity to respond to the reason for their dismissal.
According to Australian law, an application for unfair dismissal must be lodged within 21 days of your dismissal becoming effective.
Yes, if your claim for unfair dismissal is successful, you may be eligible for reinstatement (getting your job back), or compensation for lost wages.
The Fair Work Commission can award a maximum of either half the amount of the high-income threshold or the equivalent of six months' remuneration – whichever is less.
Most Australian workers are covered by the Fair Work Act 2009, but there are exceptions such as employees who work for non-national system employers in Western Australia.
If the terms of your contract have been violated, you might have a claim for wrongful dismissal under common law. In such instances, you may need to lodge your claim in a court rather than through the Fair Work Commission.
You may find additional information and help from resources such as the Fair Work Commission, legal aid offices in Tasmania, community legal centres, and the Tasmanian Industrial Commission.
If you suspect you have been unfairly dismissed, the first step is to essentially consult a lawyer or a legal aid service. They can provide pertinent advice based on your specific situation. If they advise moving forward with a claim, they will guide you through the process of lodging a complaint with the Fair Work Commission. The process can include meetings, hearings, and potentially a trial. Each case is unique, so personal legal advice is crucial for navigating the process effectively.
