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 North Fremantle 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 North Fremantle 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 North Fremantle, 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?
- 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 – 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 payout. Call us.