Policy and Rights of Australian Employees Regarding Termination

April 4, 2023    Employment Lawyers
Policy and Rights of Australian Employees Regarding Termination

A difficult thing that many employers get experience with is managing and understanding employment termination within their firm. Here, employment termination means ending the working arrangements of an employee in the organization. The termination of employment is a challenging aspect.


On certain events, employees do not like the prospect of losing their job completely. It’s crucial for both employers and business owners to get to know about employer obligations and employee entitlements.


All these things are listed under the Fair Work Act of 2009 and in other legislation. But according to the wrongful dismissal lawyer, the majority of the employees get wrongfully or unlawfully terminated without any prior notice.


What Exactly is Unfair/Wrongful Dismissal?


Employee dismissals or terminations are viewed as “unfair/wrongful” when he/she is dismissed from their work in an unreasonable or unjust manner.


Otherwise, he/she was forced to sign the resignation letter due to the employer, who might have done something. Dismissals are not pictured as a case of inconsistent or genuine redundancy under the “Small Business Dismissal Code” and are considered wrongful/unfair.


When an employee makes a claim, he/she must provide proof to the Fair Work Commission. You can gain more information on unfair or wrongful dismissals before you can take another step forward. Speak with an expert to get some legal advice on this matter. That way, one can easily prove that they were unfairly dismissed from the workplace.


Rights of Employees When They’re Unlawfully Terminated


When an employee thinks that he/she has been dismissed from their work unfairly, they can opt for a claim on unfair/wrongful dismissal. Employees can make their claims at the Western Australia Industrial Relations Commission.


One needs to make the application within or before 28 days, right from the date of getting dismissed. The employee must provide a copy of the claim application to their employer as well.


All late claims are accepted during limited situations, such as when the employee can prove why he/she cannot apply for the claim in 28 days. But before the employee can make an application for unfair dismissal, they need to make sure that it falls under the Fair Work Commission’s jurisdiction.


Employees have to make sure that they get to fulfil the eligibility criteria, he/she is covered via the “National Workplace Relations System” and must also apply for the claim in the given time.


If he/she needs a bit of help, they can speak with the workplace rights lawyers to learn more about the unfair/wrongful dismissal law in Australia.


Important Things to Remember About Unfair Dismissals


Unfair dismissals occur in many companies. So, if one has been wrongfully dismissed by their employer, there are certain things he/she needs to know before proceeding further. These are:


  • All employees should be employed for around 6 months right before he/she can apply for wrongful dismissal.
  • All employees that work for a small business that has below 15 employees must be employed at the firm for around 12 months right before they apply for wrongful dismissal.
  • Employees are also free to apply at the Fair Work Commission when dismissed wrongfully based on a breach of “general protection” rights.
  • Procedural fairness is extremely vital to assess to find out whether or not the dismissal was wrongful.


Things The Fair Work Commission Must Take into Account


The best employment lawyers Perth say that the Fair Work Commission take several things into account when they believe the dismissal was unreasonable, harsh or unjust. These are:


  • Whether or not there was any valid reason for the dismissal related to the conduct or capacity of the person.
  • Whether or not the employee was notified about the dismissal
  • Whether or not the employee got the chance to respond to all the reasons related to the conduct or capacity.
  • Any type of unwanted refusal from the employer to enable the employee to have a support individual who will help during discussions related to unfair dismissals
  • When the dismissal is related to unsatisfaction performed by the employee. In other words, when the person has already been warned about unsatisfactory performance right before the dismissal.

All employers must keep in mind that there have been countless cases where the purpose of the dismissal was valid. But since the method through which the employer opted for the termination procedure was wrong or incorrect. Due to such reasons, the dismissal stands out as unjust or harsh for the employee.


How Can The Wrongful Dismissal Lawyers?


The wrongful employment lawyers in Perth are experts in detail with such cases. They have offered their services to many of their clients and ensured they received the justice they deserved for being dismissed unfairly from their work.


The lawyers will first learn and understand their client’s situation. After that, lawyers will begin their work by speaking directly to the employer to learn the actual cause of the dismissal.


The wrongful dismissal lawyers are not afraid to take on anyone and will tell him/her whether or not they have a claim for unfair dismissal. They will offer their assistance during the whole legal process and keep the clients updated about the progress.


Furthermore, the lawyers will work hard and look way beyond the evidence and technicalities to gain more insight on the actual human story of the case. Since the legal system is a time-consuming process.


So, the lawyers get all the work done on behalf of the client and make sure that the clients receive a positive outcome. It’s guaranteed that the lawyers will never give up on the clients, even when things start to become a bit difficult.


Ending Words


Getting dismissed wrongfully from the workplace can affect a person’s mental state greatly. They might not know the reason behind it or what exactly they did wrong. So, when one believes that they were dismissed unfairly from their job, the lawyers from Tang Law will be there to help.

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