What Are The Most Common Problems Faced During The Wrongful Dismissal

February 5, 2021    Employmentlawyers
What Are The Most Common Problems Faced During The Wrongful Dismissal

The Australian government protects every employee by law and in case they face any abnormality in the workplace, the employees can appeal for their due justice. There are many laws related to the protection of Australian employees and one of such laws that protect the employees is the unfair dismissal law.

So, if you have faced unfair dismissal in your workplace and you have been terminated from your job in dubious circumstances, without proper reasoning, with harsh judgement or unjust behaviour, you can get in touch with the best wrongful dismissal lawyer in Perth. With the help of a lawyer, you can address your company chief officer, owner or managers who have been a part of terminating you from your job. 

So, if you have faced such circumstances, this blog is going to help you know about what you should be doing in such situations and what kind of common issues you may face if you have been wrongfully dismissed from your job. Here are some of the common issues you might face during wrongful dismissal:

  1. Confusion Between Unfair Dismissal And General Protection

The Australian government has made laws to protect the claims of the employees working in private as well as public organizations. However, a lot of people aren’t aware of laws that are aimed towards protecting the interest of the employees. There are even laws that protect the migrant workers who are working for a fixed period of time with work visa or work permits. Being unaware of these rights, you might also not know about the difference between unfair dismissal claims and general protections claims.

If you are willing to go back to the same workplace or settle the dispute with mediation or conciliation, then you can go for general protection claims. However, if you are willing to settle for a litigation case against the company or your employer, you can go forward with unfair dismissal claims. Your workplace investigation lawyer will be able to solve your confusion further

2. 21 Day Deadline

You might not be aware about what kind of employee you are in your particular zone in Australia. So, if you have faced an issue where you have been unfairly dismissed from your workplace, you should at least get some legal advice from a reputed employment lawyer in Perth Australia. This is because it is very important to know what kind of employee you are considered in your zone. Depending upon the type of employee you are, you will be provided with a particular deadline. Within this deadline, you have to choose whether you are going to go forward with a general protections claim for filing for an unfair dismissal claim at the fair work commission. If you were on a leave, then the deadline counts from the day you would have joined back your workplace. You can get in touch with your employment lawyer to extend the deadline which is only possible under special circumstances.

3. Fulfilling The Eligibility Criteria For Unfair Dismissal Claim

There are many eligibility criteria that you need to fulfil in order to apply for an unfair dismissal claim. There are three test sections that you need to fulfil and they are mainly minimum service test, income test and dismissal test. The minimum service test denotes that you need to have worked for a minimum amount of time for that particular employer in order to file for an unfair dismissal claim.

In order to file for an Unfair Dismissal Claim, you also need to be earning less than $153,600 annually or covered by an enterprise agreement or a modern award. In order to appear for the dismissal test, you will need to prove that your contract was terminated without any fault from your part and you were forced to resign under the cause of constructive dismissal.

4. Employer’s Claim For Genuine Redundancy

An unfair dismissal claim is only possible when the employer has no proper reason to provide for dismissing an employee from the workplace. If an employee has worked for more than a year, it is important that the employee is provided with proper reasons and a time frame for termination. However, at times employees can claim for Genuine Redundancy in order to avoid any unfair dismissal claims.

Genuine Redundancy includes a job position that is no longer required, the employer was not obliged to consult with an employee with a modern award or enterprise agreement, and it was not good for the business to renew the contract. However, you can easily come over this issue if you hire employment lawyers Perth Australia because they can provide your case with enough proof against any genuine redundancy claims from the employer.

These are some of the common issues that you may face during wrongful dismissal, however, you can win the case if you hire the right lawyer.

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