One of the most common questions you may ask yourself about an Unfair Dismissal is, “Am I eligible for an unfair dismissal claim?”
Those who are dismissed from their job may ask, “Was I unfairly dismissed?” Unfair Dismissals Australia is here to help you navigate through the complexity of the Fair Work Act and help you determine your eligibility for a claim. In this article we’ll go over:
A person has been unfairly dismissed if the Fair Work Commission finds:
A person who is a national system employee who has been dismissed is covered by unfair dismissal laws if they have:
But be quick, you only have 21 days in which to lodge an unfair dismissal claim. So, if you have been dismissed and believe it was unfair, contact Unfair Dismissals Australia for a FREE, no-obligation case assessment.
A dismissal occurs when a person’s employment is terminated at their employer’s initiative, or the person has resigned from their employment but was forced to do so because of conduct, or a course of conduct, engaged in their employer. If you believe your dismissal was unfair, Unfair Dismissals Australia is here to help.
While most cases involve a clear and definite termination of employment by an employer, whether orally or in writing, there are some instances where a person’s resignation of employment may still be considered a dismissal. This is known as constructive dismissal. Ultimately, such circumstances would occur when:
Essentially, constructive dismissal occurs in circumstances where an employer behaves towards an employee in a way that entitles them to treat the employment as at an end. The onus is on the employee to show their resignation wasn’t done so voluntarily, rather, it was forced by the employer.
When determining whether a dismissal was harsh, unjust, or unreasonable, the Commission will consider several factors, including:
In an unfair dismissal claim, each of the above criteria are mandatory and must be considered in determining whether a dismissal is harsh, unjust or unreasonable. If you feel your dismissal was harsh, unjust, or unreasonable, contact Unfair Dismissals Australia today.
The minimum employment period varies based on the size of your former employer. The minimum employment periods are:
A small business is defined as fewer than 15 employees. The number of employees is determined by a headcount of all full-time and part-time employees. Casual employees employed on a regular and systematic basis are also included in the count.
Typically, a period of casual service will not count towards the minimum employment period unless two criteria are satisfied. They are:
Employment on a regular and systematic basis implies a repetitive pattern of work, with some sort of method, system or plan. It could include a set pattern of shifts or regularity of work.
While a ‘reasonable expectation of ongoing employment’ is not clearly defined, one test that has been used is ‘whether or not during a period of at least six months prior to the dismissal … the employee had … a reasonable expectation of continuing employment on a regular and systematic basis’.
So, if you were a casual worker who has been dismissed, and worked on a regular and systematic basis with a reasonable expectation of ongoing employment, contact Unfair Dismissals Australia for a case assessment.
Only a genuine redundancy will give rise to an employer being able to lodge an objection to an unfair dismissal claim. So, what makes a redundancy genuine?
A dismissal is a case of genuine redundancy when:
A dismissal is NOT a case of genuine redundancy if it would have been reasonable in all of the circumstances to redeploy the person within:
So if you have been made redundant, but your job is still required, or they’ve advertised it elsewhere, you’ve simply been replaced, and you had no prior consultation regarding the redundancy, nor were offered redeployment options despite there being suitable vacancies for you, contact Unfair Dismissals Australia for assistance.
If you feel you’ve been unfairly dismissed, contact Unfair Dismissals Australia today. We can be contacted in a number of ways:
By phone: 1800 793 925
By email: [email protected]
By completing our free online claim assessment: http://unfairdismissalsaus.com.au/free-claim-assessment/
Online chat: simply visit http://unfairdismissalsaus.com.au/ and an online Consultant will be available to chat