Been sacked, dismissed or locked out of your Belmont job unfairly? Workplace disputes CAN be resolved efficiently and economically by Perth’s top employment law representation. Work Claims Australia do this everyday.
Unfortunately, it is usually not in the best interests of traditional law firms to do this, so individuals are unnecessarily dragged through a lengthy and expensive process.
NOTE: You have less than 21 days to act if you think you have been unfairly dismissed from your job – That’s not long. Do not delay!
Work claims Australia are registered industrial agents equipped to deal with a range of Belmont workplace relations issues. Unfair Dismissal cases in Perth can be solved more often then you might think.
You just need objective employment law representation
Just give us call on
HOTLINE: (08) 9301 0850
The Unfair dismissal process under the Fair Work Act that our employment law representation follow.
Note: The diagram above sets out the unfair dismissal process as it applies to a majority of the matters that come before the Fair Work Commission. However, each case is dealt with on its own merits and may include steps or processes different to those shown below
Definition of Unfair dismissal:
See Fair Work Act s.385
Under the Fair Work Act a person has been unfairly dismissed if the Fair Work Commission is satisfied that an employee (who is protected from unfair dismissal) has been dismissed and the dismissal:
- was harsh, unjust or unreasonable, and
- was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and
- was not a case of genuine redundancy.
HOTLINE: (08) 9301 0850
Most of our work is with people who have matters that need to go to the Fair Work Commission or to the Western Australian Industrial Relations Commission. We are leaders in unfair dismissal services Belmont, but also take care of worker’s compensation claims with a special boutique division devoted to Seafarers and also Comcare covered workers.
We can help you with:
- Benefits and Entitlements
- Income Protection
- Industrial Relations Law
- Worker’s Compensation
Who can Apply?
The Fair Work Commission is limited by law in the unfair dismissal claims that it can deal with – this is called its ‘jurisdiction’.
To make an application you must:
- lodge your application within 21 days of dismissal becoming effective
- be covered by the national workplace relations system
- be an employee who has been dismissed, and
- meet eligibility criteria, including the minimum employment period.
An employer can lodge a jurisdictional objection (PDF) if they believe their dismissed employee does not fall within the Commission’s jurisdiction. This means the employer is saying the Commission does not have the power to deal with the claim. If the objection is upheld the unfair dismissal claim will be dismissed. For more details, get in contact with us today to discuss your options.
What Does the Law Say?
Section 387 of the Fair Work Act 2009 (Cth) sets out the criteria for whether a dismissal is “harsh, unjust or unreasonable”. There are eight key factors that the FWC must take into account, including:
- Whether there was a valid reason;
- Whether the employer notified the employee of the reason;
- Whether the employee had the opportunity to respond;
- Whether there was unreasonable refusal to allow a support person to attend discussions relating to the dismissal;
- Whether the employer had warned the employee about unsatisfactory performance, if applicable;
- The size of the employer’s enterprise and its relevant procedures;
- Any absence of a dedicated HR manager; and
- Any other relevant matters.
To find out if you are eligible to apply, contact us on (08) 9301 0850 to have a chat about your eligibility.
We support fair employment and our local business community.
Workflow automation is integral to any Belmont business to ensure the best out of your workplace and employees. Remove mundane tasks and increase productivity with Belmont workflow automation systems.
Looking for an all year round option for your Belmont home’s outdoor blinds? Urban track outdoor blinds are your best option, as they will create a useable outdoor area all year round by blocking rain, wind and harsh UV rays.
Does your Belmont business need a new brand image. Belmont Graphic Design Studio Maverick Design will get your businesses brand sorted from start to finish with inexpensive packages available for all type and sizes of businesses.
Are you looking for a professional Belmont Mobile scratch removal service? Look no further than the professionals at Car Clinic.
Bookkeeping is integral to any Belmont businesses success. Belmont bookkeeping services by AXIA can help ensure that your books are up to date. Mobile services are available to come to you in Belmont.
Once you’ve got your old/new job sorted, you might be looking for a fun project like building an awesome supercar? Check out the Australian Ford GT40 Replica Car Kit Project being worked on. It might inspire you.
And if you are a car enthusiast chances are that you have some kind of damage and wear and tear to your Alloy wheels. Rim Clinic can polish your alloy wheels, and make them look brand new again. They are mobile and can come to you in Belmont to collect your rims for repair.
Job security and workplace security in Belmont both require good physical security. Read about the top 6 Perth CCTV security trends affecting Belmont employees here.
Are you vacating a Belmont property? Or is your carpet just in need of a deep clean? Contact carpet cleaning Belmont experts DG Cleaning. They will ensure your carpets are dirt and germ-free.
Probate and probate law experts Clairs Keeley can help you with all your Belmont Probate needs, from figuring out if you need one to help you apply and get the courts grants.
Do you need some cabinets or carpentry work done in your Belmont home? A trusted handyman can help you with this!
Are you in need of a cleaning equipment repairs service in Perth? U Clean Supplies service and repair a large range of cleaning equipment and cleaning machines, they serve within the Perth Metro area.
Have you got an old unwanted car you want to get rid of? Get cash for cars Belmont – Cash for Cars Perth will come to you and pay you to get rid of that car!
Need a door installation in Belmont? Contact Doors Apart to get a quote on any type of door installation.
Basin taps installation Belmont, Quokka Plumbing can come to you and help you modernize the fittings in your bathroom/kitchen.
Do you need a family-friendly dentist? Family Dentist Kings Park are caring and understanding, David makes sure each of his patients are cared for and feel safe. While based in Nedlands his friendly & professional service will make the travel from surrounding suburbs well worth it.
Case Study – Redundancy
Anya is a FIFO worker in the catering industry.
When she was made redundant, she was not paid any redundancy as the dismissal was due to the ‘ordinary turnover of labour’.
When her case was reviewed, it was identified that the employer had failed to attempt to re-deploy her to another available position for which she was well qualified to do. This meant that it was not a case of a genuine redundancy and amends were made.
If you are being made redundant, it is always worth asking us to assess the redundancy. We know the Act back to front and inside out!
Contact Workclaims Australia for top employment law representation. find out what your options are if you think you have an unfair dismissal case . Call us.