Unfair Dismissal Claims -Everything You Need to KnowApril 30, 2021
Nothing is more frustrating and stressful than being unfairly dismissed from your employment. More than ever, families are trying to survive and get back on their feet due to the pandemic. On top of recovering from the economic downturn, being dismissed from work can significantly affect you and your family.
When you feel that your dismissal was unjust, unreasonable, or harsh, it can also impact your job search and your ability to obtain new employment. Besides that, it will also affect your current lifestyle, forcing you and your family members to power through such a massive and unfortunate event.
Amid your dismissal, it’s essential to work with employment lawyers to ensure that you get the justice you deserve. If you’re eligible, reputable lawyers recommend that you make an unfair dismissal claim to help your case.
What Is an Unfair Dismissal Claim?
Dealing with an unfair dismissal can really be stressful, but you can receive compensation through an unfair dismissal claim. Additionally, we can try to convert your dismissal into resignation and have a Statement of Service issued, which could help you find new employment.
However, remember that you can make your unfair dismissal application within 21 days from the date of your dismissal. Otherwise, it won’t be considered.
What Type of Claims Am I Eligible For?
If you’re dismissed from your job, you should know that there are several options available to you other than an unfair dismissal claim. These additional claims can also entitle you to more compensation. Some of these claims are the following:
- Breach of Contract Claim;
- Adverse Action Claim or General Protections Claim;
- Discrimination Claim;
- Unlawful Termination Claim;
If you have one of these claims, ensure that you don’t commence or settle an unfair dismissal claim first because it could prevent you from making another claim. Because making claims can be tricky, it’s best to work with credible employment lawyers before loading your unfair dismissal application with the Fair Work Commission or FWC.
How Do I Know When I’ve Been Unfairly Dismissed?
If your employer has unjustly dismissed you or breached your employment contract, you are eligible to lodge an unfair dismissal claim under the Fair Work Act 2009. Here are some situations where a dismissal is deemed unfair:
- The redundancy is not genuine, or the position was not actually made redundant;
- The employer didn’t follow the right procedures for dismissal;
- You were terminated for unsatisfactory performance, but you were never notified of any issues related to your performance leading up to termination;
- Your employer refuses to allow the employee to have a support person from Human Resources or a legal representative to assist them in meetings related to the dismissal;
- No valid reason for dismissal;
- You weren’t properly notified;
- You weren’t given the opportunity to respond to the reasoning behind the dismissal;
Can I Still Make an Unfair Dismissal Claim Even If I Resigned?
In some cases where an employee chooses to resign, they can still make an unfair dismissal claim — this is when a ‘Constructive Dismissal’ happens.
A constructive dismissal occurs when you resign because of the conduct or actions of an employer. This often happens when an employer gives the employee an ultimatum by telling them to resign or get dismissed. Since there are many grey areas in this claim, and it can get quite complex, it’s best to speak to an employment lawyer regarding your situation.
The Bottom Line: You Should Take Necessary Steps to Ensure That You Are Rightly Terminated from Your Place of Employment
Going through an unfair dismissal can be incredibly stressful and disheartening. However, you should know that there are different ways to get the compensation and resolution you deserve. Speaking with a credible employment lawyer will help you figure out the right actions to take, file the right claims, and have solid legal representation during these tough times.
Are You Looking for an Employment Lawyer in Perth?
When you’re unfairly dismissed in your workplace, there may be too much going on in your mind, and you may be drowning in stress. However, don’t feel disheartened because there is a way out of this mess, especially when you work with the right lawyers.
Workclaims Australia is a team of registered industrial agents equipped to deal with a range of national workplace relations issues. We offer legal advice and represent parties at all stages of the complainant’s process. From raising a claim to dealing with mediation and going to hearings to court trials — we’ve got you covered.
Speak with one of our lawyers today!