What Are Your Rights If You Have Faced Unfair Dismissal At Your Work?

December 3, 2020    employmentlawyersblog   
What Are Your Rights If You Have Faced Unfair Dismissal At Your Work?

Have you recently been sacked from your workplace by your Australian employer without any substantial reasons? If yes, then, rest assured that you’ve become the victim of unfair dismissal at your workplace. Moreover, if the event has occurred somewhere like Perth, Australia, then contact the top executive dismissal lawyers Perth right now. The employment laws in Australia are stringent enough from refraining employers from sacking employees unfairly. Today’s post will familiarize you with your legal rights regarding your unfair dismissal at your workplace.

A Synopsis Of The Unfair Dismissal Application Procedure

When you lodge an application of unfair dismissal, you need to do it strategically. This is because you’re on the brink of commencing formal legal procedure. Subsequently, your employer will receive a copy of the application after you’ve lodged an application. Accordingly, the employer needs to respond to the application as required by the Fair Work Commission. Some of the crucial in lodging an application for unfair dismissal claim include the following:

  • An erstwhile employer will send an application of unfair dismissal to the Fair Work Commission.
  • Next, the Commission will send a copy of the application to the employer
  • Subsequently, the employer needs to respond to the application and submit any claimable authoritative objections if any. This response must be sent to the Commission as well as to the employee.
  • Then, a conciliator of the Commission will try and resolve between the former employee and the employer. After this, the Commission will send a written notice specifying the time and date regarding a conciliation conference both to the former employee and employer. Conventionally, the conciliation conference is held via telephone.
  • Finally, the application will straightaway go for a formal conference or hearing if it’s not mitigated through a conciliation. There a member of the Commission will decide the final verdict of the application.

Ways To Identify An Unfair Dismissal From The Workplace

You cannot lodge an unfair dismissal application unless you’re certain about it. So, the first way is to ascertain that you’ve been dismissed based on sheer unfair grounds. It is only after that when you can lodge an application of unfair dismissal against your employer. You need to make sure that you adhere to the right procedure when lodging your unfair dismissal application. A comprehensive introduction to the entire unfair dismissal application procedure can be considered below.

Application Preparation Procedure

Lodging an unfair dismissal application is not constrained to complaining against your erstwhile employer. Besides, it is a legal procedure which you must take into consideration with utmost sincerity. So, make sure follow the right steps while lodging the application of your unfair work dismissal. To get started, lodge an application form (Form F2). You will get this form both from offices and the websites of the Commission. Next, the application procedure will include the following steps:

  • You, your employer‘s and any representative’s contact details. In case, you aren’t certain about your employer’s name, you’ll find it on your payslip.
  • All your pertinent employment details. These must include your work commencement and conclusion date and the date of your unfair dismissal notification.
  • The reasons which your had cited for your unfair work dismissal
  • Your pertinent argument substantiating your conviction about your unfair work dismissal.
  • Your valid signature

While filling out the form, try and answer every question with many details as possible. In case, you consider a question irrelevant, then respond to it by writing ‘not relevant’ beside it. Make sure your application is complete with all the relevant details comprising it. Otherwise, some unexpected delays might occur until the issues are absolutely mitigated. Neglecting to resolve these issues might lead to an abrupt dismissal of your unfair dismissal application.

Reasons To Hire A Lawyer Of Unfair Dismissal

Resolving your unfair dismissal case is imperative by hiring an executive dismissal lawyer in Perth. This is because your lawyer is familiar with the legalities and other crucial aspects encompassing your unfair dismissal case. Depending on the severity of your case, your lawyer will ensure the most remunerative compensation for you. Some of the crucial reasons for which you must hire an unfair dismissal lawyer unfailingly include the following:

  • An unfair dismissal lawyer will study your case from a comprehensive range of aspects.
  • Your lawyer will liaise with you at a personal level. Followed by this your lawyer will discuss all the possible solutions with you which are in your favour.
  • Unfair dismissal lawyers, Perth are extensively experienced in the sector of unfair dismissal from the workplace. So, depending on your unique circumstances, your lawyer will resolve your case in the finest possible manner.
  • Unfair dismissal lawyers, Perth are adept enough to identity the flimsy grounds based on which you’re dismissed.

What To Do After Preparing To Lodge An Unfair Dismissal Application?

After you have lodged an application for your unfair workplace dismissal, there are certain steps which you must adhere to. A checklist of each of these steps can be considered below.

  • Next, you need to pay the fees of your unfair workplace dismissal application. This application fee will be adjusted on 1st July every year.
  • After this step, employment lawyers Perth will ask you submit all crucial documents relevant to your unfair dismissal case.
  • Then, your lawyer will review each of these documents back to back. Subsequently, your lawyer will substantiate your unfair dismissal claim by optimizing the said documents.
  • Followed by this step, you might also ask you to answer a couple of questions more. Most of these questions will be related to incidents which finally resulted in your unfair workplace dismissal.

So, contact an unfair dismissal lawyer in Perth today! After all the aforementioned steps are over, your lawyer will file a claim form. Accordingly, your executive dismissal lawyer in Perth will submit it to the Fair Work Commission (FWC).

Hire An Employment Lawyer In Perth Today!

Unfair dismissal from the issue is a grim issue and must be dealt with through rightful legal procedure. This is the reason you should hire one of the best employment lawyers Perth to resolve your legal case impeccably.

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