Unfair Dismissal of Stud Hand

Workplace disputes CAN be resolved efficiently and economically. Talk to Workclaims Australia.

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.

Work claims Australia are registered industrial agents equipped to deal with a range of  Stud Hand workplace relations issues. Unfair Dismissal cases in Perth can be solved more often then you might think.

Unfair dismissal process under the Fair Work Act

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[1] (in the case of employees of a small business), and
  • was not a case of genuine redundancy.

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, 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:

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.

Companies that we recommend working with:

All Stud Hand businesses need a strong brand and image. Maverick Graphic Design Studio will get your businesses brand sorted from start to finish with packages available for all type and sizes of businesses.

Job Security or Workplace Security. Use of CCTV cameras to monitor some workplaces is crucial – See what the 6 Top Perth CCTV Trends are.

Stud Hand Bookkeeping done well is integral to any businesses succeeding. Bookkeeping services can help ensure that your books are up to date and that you can have peace of mind.

Have you been looking for fun projects like building an awesome supercar? Check out the Australian Ford GT40 Replica Car Kit Project being worked on.

Are you a business owner? Retail business consulting will assist you to get your business back on track. So if your business needs some help contact a Perth business expert today.

All businesses need quality cleaning equipment to keep your business clean. We supply a large range of quality window cleaning equipment making us a one-stop-shop for all your commercial cleaning needs

Case Study – Benefits and Entitlements

It was in Brett’s employment contract that if he met certain performance indicators, he would receive a quarterly bonus.

Brett worked hard, putting in extra hours to meet and exceed his targets. The bonus never came.

After attempts to claim the amount failed, Brett sought professional advice.

Having established that Brett was entitled to this performance pay and the employer was withholding his entitlement, the matter was swiftly rectified.

Having established that Brett was entitled to this performance pay and the employer was withholding his entitlement, the matter was swiftly rectified.

Talk to us