Fair dismissal is vital in Australian employment law, as self-governing protection for individuals who lose their employment through dismissal without genuine reason. It is also important in ensuring that there is fairness and justice in the work places. One such firm is the Stevens & Associates Law Firm which offers specialized legal assistance to individuals who think that they have been unlawfully terminated. It is an attempt made in this article to clarify to readers what unfair dismissal entails, the general employee rights as well as the legal remedies open for an employee who has been unfairly dismissed.
What is Unfair Dismissal?
It is actually a wrongful dismissal if an employee is dismissed from his job in an abrupt, biased, undeserved or incongruous way. In the context of Australia, the fairly recent legal framework addressing unfair dismissal refers to the Fair Work Act 2009, under which dismissal is considered unfair when it was not for a valid reason that is properly connected with the employee’s conduct, capacity, or the business operational needs.
Criteria for Unfair Dismissal
For a dismissal to be considered unfair, several criteria must be met:
- Employment Period: The employee had to have been employed for at least half the length of the company’s expected use of FMLA benefits if the business had 15 or more employees or for one year with businesses that had fewer than 15 employees.
- Genuine Redundancy: There are circumstances where it is deemed unfair dismissal when it is because of redundancy: This has to be a genuine redundancy which must mean that the employee is no longer required at the workplace and the employer is required to have followed consultation provisions in relation to modern awards or enterprise agreements in relation to this matter.
- Reason for Dismissal: Some legal requirements that must be met include the cause for dismissal must be fair and proper, including the employee misconduct, the inability of the employee to perform the job, and objectively reasonable organizational needs of the business.
- Procedural Fairness: Employment termination must be fair and reasonable and various steps are followed before the dismissal takes place. This entails giving the employee cause for dismissal, allowing the employee to comment about the dismissal and if given an opportunity, correct any concerns that might have been put forward.
Common Examples of Unfair Dismissal
Unfair dismissal can take various forms, including but not limited to:
- Lack of Warning: An employee who has been dismissed without any prior warning given or being given a chance to correct their conducts or behaviors.
- Inadequate Investigation: Employment termination without conducting a formal evaluation of the accusations of behavioral misconduct.
- Discrimination: Termination of employment on any form of discrimination including; age discrimination, racial discrimination, discrimination based on sex or disability discrimination.
- Retaliation: Compensation with the intention of Returning an employee to work in a different capacity or position as a form of retaliation for an exercise of workplace rights in the course of their employment duties.
Steps to Take if You Believe You Have Been Unfairly Dismissed
If you think you’ve been dismissed unjustly, it is advisable to act fast as there are rules on how many days one has to file a claim on the unfair dismissal. Here are the steps to follow:Here are the steps to follow:
- Seek Legal Advice: Employ advice from attorneys such as Stevens & Associates who have expertise in employment to advise you about your legal position and the likelihood that you will be victorious.
- Lodge a Claim: If you are over 18 and have been dismissed from your job unfairly, you should lodge a claim of unfair dismissal with Fair Work Commission within 21 days of your dismissal.
- Prepare for Conciliation: The Fair Work Commission can come to the agreement about the holding of the conciliation meeting where both the sides can achieve the desired outcomes.
- Attend a Hearing: However, if conciliation fails to yield a solution, then the matter can be taken for a court trial which enables the litigants to present their case and witnesses.
The Role of Stevens & Associates
This company Stevens & Associates ensures effective legal representation of employees who had been dismissed unfairly. They have experience dealing with the legal issues that exist in relation to the various employment relations thus being in a position to assist the clients in the best way possible. Whether it be consultation with the employer, representation in negotiations, or legal proceedings with the Fair Work Commission, Stevens & Associates pride themselves in fighting for a fair result for their clients.
Conclusion
Unfair dismissal is a critical issue in Australian employment law, protecting employees from unjust termination. Understanding your rights and the legal avenues available can make a significant difference if you find yourself unfairly dismissed. Legal firms like Stevens & Associates play a vital role in advocating for employee rights, ensuring that justice is served in the workplace.
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