What Things To Consider Before Applying for A Unfair Dismissal? Get Legal Advice

July 13, 2021    employmentlawyersblog   
What Things To Consider Before Applying for A Unfair Dismissal? Get Legal Advice

What Is The Dismissal Of Employment?

Termination refers to when an individual is fired by the employer from the office. When an individual has been compelled to leave because of the employer due to some reason, it also comes in dismissal activity.  If an individual thinks that termination is unlawful or against the law practices, employees are eligible to stand for themselves and counter on their employers by taking services of , unfair dismissal lawyers.

An Individual Is Qualified To Counter Unfair Dismissal If:

Employees are covered through a modern or a pre-modern award instrument, like Federal Award, a State Reference Transitional Award or a Notional Agreement Preserving State Award. Employees must be covered by a venture understanding or an arrangement based temporary instrument; or The Employee compensation didn't surpass the High Income Threshold, which is present at $129,300 per annum. To appeal for unfair dismissal, the employee must have finished a minimum employment duration of at least six months that falls under the Probation period. The probation period is of one year when there are less than 15 employees in an organisation. The employees are required to send the unfair dismissal application to the Commission within 21 days after dismissal. Only in some rare scenarios, applications can be accepted after 21 days.

The Expense Of The Application

The expense for lodging an application or unfair dismissal with the FWC is $67.20.  However, the FWC can waive off the application fee if the employee is facing serious financial crunches to pay the fee.

How Can Fair Work Australia Can Help Employees?

If Fair Work Australia accepts that an employee has been unfairly terminated, they can help in ordering the employer to give back the job to the employee along with back pay.  On the other hand, they can also order the employer to pay remuneration for six months or $59,050, whichever is less.

Aspects To Consider In The Unfair Dismissal

An employee has 14 days to apply to the Fair Work Commission at the time of unfair dismissal or termination and, the employer will be provided with 14 days to respond against it. If an employee is associated with a firm for the last one year, then only he/she to apply for unfair termination.

What Should Be The Fair Practices For Terminating An Employee?

As per the Australian Labour Laws, employees are eligible for termination only when all the operations abiding by all the rules and regulations. Employees should be informed regarding the charges against them at the time of termination. The termination reason should be delivered as a hard copy or language effortlessly perceived by both parties. To countering the reason for termination, the employee should likewise provide an appropriate time to set up claims. For fair play conduct, the employee must be provided with complete freedom to present their case as per legal laws. 

Why Taking The Help Of Lawyers Is A Good Call For Unfair Dismissal Or Termination In Australia?

Just like every legal matter comes with various obstructions and complications, the unfair dismissal or termination matter also involves humongous tasks and paperwork.  Many employees or individuals who are not confident in understanding the complete process seek the services of expert lawyers for preparing and presenting their cases to the legal authority. Taking the services of elite and skilled lawyers in these legal matters is a good call as they are devoted and can help with complicated issues like unfair dismissal. 

Best employment lawyers Perth can help the employees by attending the Fair Work Commission hearings on their behalf and can make claims for any related compensation. Employees get assisted with comprehension and the best strategies they consider the services of the legal team. Breaching the law by unfair termination can financially and mentally affect an employee; hence, taking the services of unfair dismissal lawyers Perth can help in claiming the best amount that can provide relief to a great extent to the employee and their family.

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