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Wrongful Termination, also known as Unfair Dismissal, refers to situations where an employee's dismissal is considered harsh, unjust or unreasonable. The law surrounding wrongful termination in Kew, Australia is subjected to The Fair Work Act 2009, which safeguards employees from illegitimate dismissals by their employers. In Australia, businesses need to follow certain regulations and established protocols when terminating an employment contract to ensure that the termination is justified and reasonable.
If you've been unfairly dismissed or the procedures followed during your dismissal were not in accordance with the Fair Work Act 2009, you might need legal assistance. A lawyer can not only guide you through the complexities of the legal process, but also aid in gathering relevant evidence, formulating your case and representing you in the court if required. Factors such as discrimination, retaliation, notice period, and the appropriateness of the reason for dismissal are some common examples where an attorney's help would prove invaluable.
Under Australian law, specifically The Fair Work Act 2009, employers must adhere to a series of guidelines when terminating an employee. Key points in the law include the 21-day time limit from the day of dismissal to file a claim, the Small Business Fair Dismissal Code, and having a valid reason for dismissal connected with the employee's capacity or conduct. Any employee who believes their termination was unjust can lodge an unfair dismissal application with the Fair Work Commission.
Valid reasons for dismissal in Australia may include continuous unsatisfactory work performance, serious misconduct, or if the employee's position is no longer needed.
Usually, an employer has to provide a notice period before termination. However, in cases of serious misconduct, the employer is allowed to dismiss an employee without notice.
If you believe you've been unfairly dismissed, you can file an application with The Fair Work Commission within 21 days of your dismissal.
The time-frame varies widely depending on the complexity of the case, number of parties involved and how busy the courts are. However, on average, it takes around three to six months for a resolution.
Yes. A legal professional can represent you during conciliation or in a Fair Work Commission hearing or courtroom.
Relevant resources include the Fair Work Commission, where you can lodge an unfair dismissal application, and the Fair Work Ombudsman, who provides advice and education about workplace rights and obligations. Community Legal Services can also provide legal help.
If you believe you have been wrongfully terminated, your first step should involve consultation with a legal professional. Collect all relevant documentation including your employment contract, termination letter, payslips, and any communication related to your dismissal. It's imperative to act promptly considering the 21-day time limit to lodge a claim.
