Dismissal or termination refers to when the employer has fired an employee from the office. If that employee was compelled to leave due to some reason related to the employer, it could come as a dismissal activity.
Suppose the employee thinks that the termination was unlawful or against law practices. In that case, employees are entitled to stand for themselves and counter their employers with the help of unfair dismissal lawyers.
Here are some things you should know before filing for unfair dismissal.
When Is an Individual Qualified to Counter Unfair Dismissal?
You are qualified to file for unfair dismissal if you fit the following criteria:
- You are covered through a modern or pre-modern award instrument, such as the Federal Award, a State Reference Transitional Award or a Notional Agreement Preserving State Award.
- You are covered by a venture understanding or an arrangement-based temporary instrument, or the Employee compensation did not exceed the High Income Threshold, which is at $129,300 yearly.
- You must have finished a minimum employment duration of six months, which falls under the Probation period. This period equals one year if the organisation has less than fifteen employees.
- You have sent the unfair dismissal application to the Commission within 21 days after your dismissal.
How Much Is the Application?
The cost for lodging an unfair dismissal application with the Fair Work Commission (FWC) is $67.20. It’s also possible for the FWC to waive off the application fee if the employee is facing severe financial difficulties at the moment.
How Can FWC Australia Help Employees?
If FWC Australia accepts that you have been unfairly or unlawfully terminated, they will help you get your job back and some back pay by ordering the employer to do so. They can also order the employer to pay a remuneration equal to six months of employment or $59,050, whichever is less.
What Happens After Lodging Unfair Dismissal?
You are given 14 days to lodge a complaint to the Fair Work Commission during the time of unfair dismissal or termination. Moreover, your employer is also given 14 days to respond to the claim. If the employee is associated with a firm and has worked for a year, you can apply for unfair termination.
What Are the Fair Practices Related to Employee Termination?
The Australian Labour Laws indicate that employees are eligible for termination only under the operations adhering to the rules and regulations. Employees must be informed of the charges against them at the time of termination.
Moreover, the termination reason must be delivered as a hard copy or verbally, but both parties must clearly understand it. Countering the reason for termination on the employee’s side involves providing an appropriate time to set up claims.
For fair play conduct, the employee is given complete freedom to present and defend their case per legal laws.
Every legal matter comes with obstructions and complications, and unfair dismissal or termination also involves numerous tasks and paperwork. Many employees and individuals aren’t very familiar with the process, which is why seeking the service of expert lawyers is essential. These lawyers are devoted and can help you process complicated cases of unfair dismissal.
Springfield Legals has offered expert legal services within the Springfield and wider Ipswich region since 1999. We know that the legal space is complex and daunting, but we will guide you through it. Our many years of experience and commitment to excellence have ensured we have had a long and successful tenure about unfair dismissal in Springfield and the Ipswich area. We make it our responsibility to know you and your legal rights. We work closely with you to ensure that the solutions we provide are tailored to meet your unique needs and challenges. Get in touch with us today and let us know how we can help.