The employment lawyers at Gordon Legal in Melbourne are some of the most experienced practitioners in Australia with the unique advantage of a focus and passion for advising employees about their rights and entitlements. One question our employment lawyers get most often asked about is about unfair dismissal.
Contrary to urban myth, the protection against unfair dismissal does not apply to all employees in Australia covered by the Fair Work Act. It is important that you check whether you qualify prior to filing any application contesting your dismissal.
The Fair Work Commission has the power to decide if on an unfair dismissal. For it to be satisfied that it was an unfair dismissal, the Commission must find:
We discuss each of the elements below.
A person has been dismissed from employment if:
The Fair Work Commission considers set criteria in answering this question:
The role of the Fair Work Commission is to weigh up all of the factors in totality before deciding whether it was an unfair dismissal.
A small business employer is defined as an employer with less than 15 employees. Because of complex company and corporate structures, counting the 15 can be a complex task and it is always important to check to determine how you might context an unfair dismissal as the Small Business Fair Dismissal Code might apply.
A genuine redundancy can defeat an unfair dismissal claim. A genuine redundancy is defined as:
Importantly, if the employee could have been redeployed, then the dismissal will not be a genuine redundancy.
An employee is protected from unfair dismissal is they are able to satisfy the following criteria:
An employee who wishes to bring an unfair dismissal claim must file a claim with the Fair Work Commission within 21 days of the dismissal. This is a strict time limit and can only be extended by the Fair Work Commission in exceptional circumstances.
Gordon Legal are experienced employment lawyers in Melbourne who take pride in the fact that our passions line up with assisting employees in unfair dismissal matters. The employment lawyers at Gordon Legal specialise in winning unfair dismissal claims and defending fairness in the workplace. Contact our friendly team on 03 9603 3000 to discuss your claim. Make sure you don’t delay because of the strict deadlines.
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