In the workplace, it is unfortunate that when employment relationships break down, this could result in Unfair Dismissal.
At times, there may be a surplus of employees and some may need to be made redundant.
If a dismissal is not expected, it could be an unpleasant experience for an employee.
It may be difficult to consider your options, post-employment especially when dealing with the stress and dejection that comes with the loss of livelihood.
Our specialist Brisbane employment lawyers can provide you with comprehensive advice and assistance if you are faced with a dismissal. They can advise you on the following:
1. Was my dismissal legal?
Dismissals can occur as a result of termination or redundancy.
A lawyer will be able to analyse your employment documents and work out whether the cause for dismissal was legal or not.
To determine this, you will need the assistance of an experienced lawyer as the law can be complicated especially when considering if other factors, like a non-genuine redundancy, adverse action or a deed of release applies to your situation.
Every dismissal case will differ depending on the circumstances.
2. Find out if you’re owed money
If you have been unexpectedly dismissed that should not be the end for you. You may naturally want to ‘close the lid on that chapter’ and move on.
Although this may be, you must ensure that your basic entitlements have been paid to sustain you through this transition period. Our expert lawyers will give you strategic advice and care for you through this process.
We can negotiate on your behalf with your former employer to claim any unpaid entitlements and help bring to a close your employment relationship.
3. Get a strategy put in place
Yes – we charge for our initial appointments.
For a fixed price of $440 (incl GST) we will readily scan relevant parts of your employment documents prior to your appointment, so that we can put our hand and attention to those parts during your initial consultation.
Our advice to you will be considered, practical and provide you with a sense of clarity through what is often a difficult period.
What you’ll get:
- A quick scan of your relevant documentations before the appointment
- A 1 hour appointment with an employment lawyer
You will know:
- where you stand legally
- what options are available to you
- more importantly, time limitations (as they apply)
- a cost estimate for any ongoing work
- whether there’s anything you can do yourself, to cut costs
On a broader scale, our specialist employment, HR and industrial and workplace relations lawyers are frequently advising and assisting in the following:
- Assisting employers with managing the dismissal process;
- Claims for unfair dismissal/unfair termination (where the dismissal is considered harsh, unjust or unfair, or not a genuine redundancy). We can assist with drafting a claim for employees who believe they have been unfairly dismissed, or assisting an employer in responding to a claim, and representing you throughout the claim;
- Assisting with genuine redundancies, including advising on whether a redundancy is genuine and what steps employers should take before making an employee redundant;
- Claims for adverse action (where adverse action has been taken because the employee exercised a workplace right, or has been discriminated against);
- Drafting Settlement Deeds/ Separation Agreements for employers, or advising employees regarding Settlement Deeds/Separation Agreements;
- Instituting or defending proceedings for breach of the employment contract;
- Preserving and enforcing intellectual property rights, confidentiality obligations, restraint of trade obligations, including instituting urgent court proceedings to safeguard and preserve your valuable goodwill.
The unfair dismissal process – how it works
The easiest way to understand the unfair dismissal process is through a process diagram. We’ve illustrated one below, which takes you through the process.
Note the strict 21 day time limitation to make an unfair dismissal application. If you miss this deadline, your options may be severely limited.
The stages of the unfair dismissal process in Australia. Our diagram is adapted from the FWC’s official unfair dismissal benchbook
Please Note: This is not legal advice but it may help you understand the law. Read more…
Recently had an unfair dismissal? Get in touch with a lawyer.
Please contact our Client Engagement Team on (07) 3252 0011 to book an appointment with an employment lawyer. Strict time limits apply to the various claims (sometimes as little as 21 days from the date of dismissal/termination taking effect), so prompt action and expert legal advice are essential to preserve your rights.