Workplace disputes CAN be resolved efficiently and economically. Work Claims Australia do this everyday.
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 Shenton Park 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 Shenton Park process under the Fair Work Act
Definition of Unfair dismissal:
See Fair Work Act s.385
- was harsh, unjust or unreasonable, 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 Shenton Park, 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
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.
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 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.
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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.
Contact Workclaims Australia to find out what your options are if you think you have an Unfair dismissal claim. Call us.