Who To Call For Unfair Dismissal: Bentham Sydney Employment Lawyers

Unfair dismissal can be a distressing experience for employees. If you find yourself in this situation, knowing who to contact is crucial to ensuring your rights are protected. At Bentham Sydney Employment Lawyers, we provide expert legal advice and representation for employees and employers dealing with unfair dismissal matters.

Understanding Unfair Dismissal Laws in NSW

The laws governing unfair dismissal vary depending on whether you are employed in the public or private sector.

1. Public Sector Employees: If you work for a State or local government body in New South Wales (but not the Commonwealth), your rights are governed by the Industrial Relations Act 1996 (NSW). Under this Act, a dismissal can be considered unfair if it is harsh, unreasonable, or unjust. It also covers threats to dismiss an employee.

2. Private Sector Employees and Commonwealth Employees: Employees in the private sector or those employed by the Commonwealth are covered by the Fair Work Act 2009 (Cth). Unfair dismissal under this law includes dismissals that are harsh, unreasonable, or unjust, non-genuine redundancies, and forced resignations (constructive dismissals).

Both laws are designed to protect employees from being unfairly dismissed, but knowing which law applies to your case is crucial. At Bentham Sydney Employment Lawyers, we can help you identify the relevant law and guide you through the process of lodging a claim.

 Common Unfair Dismissal Scenarios

An unfair dismissal claim may arise in several situations, such as:

1. Lack of a valid reason for dismissal;

2. Failure to notify the employee of the reasons for termination; and/or

3. Termination based on poor performance without any prior warnings or opportunities to improve.

These are just a few examples, and every case is unique. Bentham Sydney Employment Lawyers can provide tailored advice and representation based on the specific circumstances of your dismissal.

Who Can Make an Unfair Dismissal Claim?

Not every worker is eligible to make an unfair dismissal claim. Eligibility generally depends on the following:

1. Employment Period: Public sector employees must be employed for a minimum of six months, while those in a small business (less than 15 employees) must be employed for 12 months.

2. Salary: To claim under Commonwealth law, your annual salary must be below the high-income threshold ($175,000 as of 1 July 2024), unless you are covered by a modern award or enterprise agreement.

If you are uncertain about your eligibility, we can assess your situation and advise whether you qualify to make an unfair dismissal claim.

The Process of Lodging an Unfair Dismissal Claim

Once you determine that you are eligible to lodge a claim, there are specific steps to follow:

1. Conciliation: Initially, both the Industrial Relations Commission (for public sector claims) and the Fair Work Commission (for private sector claims) will require you to undergo conciliation. This is an informal process where you and your employer attempt to resolve the matter without a hearing.

2. Hearing: If conciliation fails, a hearing or conference may be held. A member of the relevant commission will review evidence, including witness statements, and make a determination on the fairness of the dismissal.

The remedies for unfair dismissal typically include reinstatement to your former position or financial compensation for lost wages. The maximum compensation is generally capped at six months’ wages or, in cases involving higher salaries, 26 weeks’ pay.

 Why Contact Bentham Sydney Employment Lawyers?

Navigating unfair dismissal laws can be complex, especially when determining which legal system applies to your case. At Bentham Sydney Employment Lawyers, we specialise in employment law and have a wealth of experience helping both employees and employers resolve unfair dismissal disputes.

Whether you are an employee seeking to challenge an unfair dismissal or an employer needing advice on the proper procedures to follow, we are here to help. Our team will handle every aspect of your case, from initial consultations to representing you in conciliation or hearings.

For advice, please contact Bentham Sydney Employment Lawyers, expert employment law solicitors.

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At Bentham Sydney Employment Lawyers, we make it our mission to uphold the integrity of Australia's workplace landscape. Our dedicated team strives to ensure that every workplace is a safe and just environment for all. Let our passion for employment law guide you towards a brighter future.

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Got Questions?

Unfair dismissal occurs when an employee is terminated from their job in a manner that is harsh, unjust, or unreasonable. This may involve a lack of a valid reason for dismissal, failure to follow proper procedural requirements, or dismissal in retaliation for exercising workplace rights. To determine if a dismissal is unfair, various factors are considered, including the reason for the dismissal and whether proper processes were followed. For personalised advice on whether a dismissal may be considered unfair, contact Bentham Sydney Employment Lawyers for expert assistance.

If an employer receives an unfair dismissal claim, they should promptly review the details of the claim and gather all relevant documentation related to the termination. It is essential to assess whether proper procedures were followed and if the dismissal was for a valid reason. Employers should also prepare to engage in conciliation or hearings with the Fair Work Commission if required. For guidance on how to handle an unfair dismissal claim and to ensure compliance with the Fair Work Act, contact Bentham Sydney Employment Lawyers for expert advice.

Yes, employees on probationary periods can still claim unfair dismissal. However, there are specific considerations for probationary employees, such as whether the dismissal was based on a valid reason and if proper procedural fairness was observed. Probationary employees must demonstrate that their dismissal was not justified or that it breached the terms of their employment. For advice on unfair dismissal claims during probationary periods, contact Bentham Sydney Employment Lawyers to explore your options.

To support an unfair dismissal claim, an employee typically needs to provide evidence such as their employment contract, records of performance reviews, communications related to the dismissal, and any evidence of procedural breaches. Additionally, demonstrating that the dismissal was not for a valid reason or that proper processes were not followed is crucial. For assistance in gathering and presenting the necessary evidence for your claim, contact Bentham Sydney Employment Lawyers for expert support.

Employers can minimise the risk of unfair dismissal claims by ensuring they follow proper procedures, including providing clear reasons for termination, adhering to company policies and employment contracts, and offering opportunities for the employee to respond to concerns. Conducting thorough performance reviews and ensuring compliance with relevant laws and regulations are also key. For tailored advice on preventing unfair dismissal claims and implementing best practices, contact Bentham Sydney Employment Lawyers for expert guidance.

If an unfair dismissal claim is successful, remedies may include reinstatement to the former position or compensation for lost wages and other entitlements. The Fair Work Commission will consider factors such as the impact of reinstatement on workplace dynamics and the financial losses suffered by the employee. Compensation calculations involve assessing lost remuneration, deducting any earnings since termination, and applying statutory caps. For detailed advice on the remedies available and how to pursue them, contact Bentham Sydney Employment Lawyers for expert legal assistance.