Unfortunately, the employment relationship can break down resulting in Unfair Dismissal, or employees can become surplus to requirements and need to be made redundant. If this happens, our specialist Brisbane employment lawyers can provide you with comprehensive advice and assistance.
In particular, 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.