Unfair dismissal application Baldivis

 

Workplace disputes CAN be resolved efficiently and economically. 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 – That’s not long. Do not delay!

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

HOTLINE: (08) 9301 0850

Unfair dismissal Baldivis 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.

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 Baldivis, 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 in Baldivis

Workflow automation is integral to any Baldivis business to ensure the best out of your workplace and employees. Remove mundane tasks and increase productivity with Baldivis workflow automation systems.

Looking for an all year round option for your Baldivis 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 Baldivis business need a new brand image. Baldivis 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.

Bookkeeping is integral to any Baldivis businesses success. Baldivis bookkeeping services by AXIA can help ensure that your books are up to date. Mobile services are available to come to you in Baldivis. 

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 Baldivis to collect your rims for repair.

Job security and workplace security in Baldivis both require good physical security.  Read about the top 6 Perth CCTV security trends affecting Baldivis employees here.

And if you feel like your in hot water (or cold) with your home plumbing situation, give Baldivis emergency plumber a call.

Got a big event coming up? Sound and lighting equipment Baldivis have assisted in ensuring many school performances, corporate conferences, community events and weddings have gone to plan. With their professional team and many successful events under their belt contact Ashton Audio for all your sound and lighting equipment 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.

Contact Workclaims Australia to find out what your options are if you think you have an Unfair dismissal application. Call us.

HOTLINE: (08) 9301 0850

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