Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Kingston, Australia, wrongful termination, also known as 'unfair dismissal,' is viewed quite seriously. Essentially, it concerns scenarios where an employer terminates an employee's contract of employment in a manner that is unjust, unreasonable, or harsh. This might include firing an employee without sufficient cause, without following correct procedures, or with a discriminatory motive. Various protections are in place under laws such as the Fair Work Act 2009, which establishes a set of minimum standards that employers need to adhere to.
Lawyers' expertise is vital for anyone facing a case of wrongful termination. Legal expertise can provide vital assistance in understanding the complex laws concerning wrongful termination, ensuring that you receive fair representation and that your rights are protected. Situations where you may require a lawyer include if you believe your termination was unjust, unreasonable or harsh, or if due process was not followed during your dismissal. Also, if you feel you've been fired for discriminatory reasons, a lawyer can help ascertain these claims.
Kingston is governed by the laws of the Australian Capital Territory (ACT) and overarching federal laws. Important laws related to wrongful termination include the Fair Work Act 2009, which outlines rules for fair dismissal and provides safeguards against wrongful termination. The law stipulates that employers must have valid reasons related to an employee's capacity or conduct to justify dismissal. It also requires employers to follow a fair process, which includes notifying the employee about any reasons related to their possible dismissal and providing them a chance to respond. Discriminatory dismissals are also prohibited under this act, and more broadly under the anti-discrimination laws of ACT.
If you think you have been unfairly dismissed, you should immediately seek legal advice. A lawyer can guide you on potential avenues for legal recourse, including filing an unfair dismissal application with the Fair Work Commission or a complaint with Federal or ACT anti-discrimination bodies.
The Fair Work Act 2009 stipulates that you have 21 days from the date of dismissal to lodge an application with the Fair Work Commission.
If your claim of wrongful termination is successful, you might be reinstated to your job or receive compensation. The amount of compensation depends on several factors and is usually capped at half of the high-income threshold—this is the equivalent of 26 weeks' pay.
It is generally illegal to terminate an employee's employment while they are on approved leave, whether it's for vacation, illness, or parental duties. If this occurs, you may have a strong case for wrongful termination.
While small businesses are afforded some leeway, the overall principles of just, reasonable, and non-discriminatory dismissals still apply. In fact, there's a specific Small Business Fair Dismissal Code in place to provide additional guidance to small businesses.
You might find help from additional resources such as the Fair Work Ombudsman, the Australian Human Rights Commission, and the local Community Legal Centres, which often provide legal advice at lower costs.
If you need legal assistance in cases of wrongful termination, the first step is to consult a lawyer immediately. They can assess your case, give advice, and guide you through the complex legal process. Timely action is essential, as you only have 21 days from the date of dismissal to lodge an unfair dismissal claim at the Fair Work Commission.
