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 Malaga 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 Malaga 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 (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 Malaga, 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.
Companies that we recommend in Malaga
Financial security is within the reach, Money Management Malaga will help you get to your financial goals.
Workflow automation is integral to any Malaga business to ensure the best out of your workplace and employees. Remove mundane tasks and increase productivity with Malaga workflow automation systems.
Emergency Plumbers Malaga for all your hot water plumber emergency needs. They will come to you 24/7 in Malaga to fix whatever issue you might be having.
Does your Malaga business need a new brand image. Malaga 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 Malaga businesses success. Malaga bookkeeping services by AXIA can help ensure that your books are up to date. Mobile services are available to come to you in Malaga.
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.
Bumper scratch repair Malaga will make any bumper type and damage shine like new. They are a mobile bumper scratch repairer who are experts in all things bumper reapir.
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 Malaga to collect your rims for repair.
Job security and workplace security in Malaga both require good physical security. Read about the top 6 Perth CCTV security trends affecting Malaga employees here.
If you are having any family breakdowns and need some advice or help during this time then Clairs Keeley family lawyers can help you. Family law Malaga and Family Law Mediation Malaga can help you make all the arrangements that you need for all things family law.
Got a big event coming up? Sound and lighting equipment Malaga 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.
Door installation services in Malaga from Doors Apart give you something more than just a door. Quality and professional door installation will make such a differene in your home.
Hate scrubbing and cleaning your tiles grout? Don’t we all, and without the right equipment, it can be impossible to get it 100% clean. Grout cleaning Malaga can make your tile grout shine like new.
Do you need affordable prices for a refrigerator mechanic service, whatever the problem, make or model, selective fridges provide refrigerator repair and service to Malaga.
Natural Soil Amendment: Get your garden back on track with permanent results, Soil Solver Clay Plus is full of beneficial minerals to help you grow water-retentive lawns, mineral-rich vegetables, and healthier plants.
Owning and running a business today is more complex than ever. Quest Legal are Business Lawyers in Malaga that will help you keep your business on track.
Have you noticed Soiled Insulation in your roof? Soiled Insulation Removal Malaga will remove and replace all the soiled insulation safely so you don’t have to worry about it causing damage to your roof.
Do you need Blind repairs for your Malaga home? Blind Repairs Malaga will come to you and fix any damage to your blinds.
Do you struggle to keep your shower screen clean? Contact Shower Screen Cleaning Malaga to get your shower screen shining!
Roof insulation Malaga. Do you need your roof insulation replaced or installated? Megatec will ensure your inulation will keep your home and family warm in winter and cool in summer.
Are you frustrated with where your business is at and want to take your business to the next level?
Business Coaching Dunsborough will help you get your business back on track.
Do you need a trusted Perth based accountant? Accountants and advisors Malaga are based in the city but can help you across Perth metro with any accounting needs.
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 to find out what your options are if you think you have an Unfair dismissal application. Call us.