Workplace disputes CAN be resolved efficiently and economically. Talk to Workclaims Australia.
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.
Work claims Australia are registered industrial agents equipped to deal with a range of Waitress workplace relations issues. Unfair Dismissal cases in Perth can be solved more often then you might think.
Unfair dismissal 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.
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, 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.
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Case Study – Workplace Bullying
Naomi’s sales manager made rude remarks to her that Naomi felt were designed to embarrass her. He asked her personal questions and teased her when she looked uncomfortable.
Her manager was careful not to act in this way in front of other people that outranked him, and he rarely intimidated her when others were around. The company had no formal procedure in place for managing this type of complaint, so Naomi sought expert advice.
National anti-bullying laws meant Naomi was protected and could apply for an order for the bullying to stop. A settlement was negotiated and Naomi was awarded damages by the company, and they were required to adopt clear policies.
Do you think you have been bullied at work? Do you have an order from the Commission that is not being followed? Workclaims Australia can help.
Workclaims Australia can also represent you in the Australian Human Rights Commission if you have been discriminated against in the workplace on the grounds of age, sex, race or any other prohibited reason.