Depending on the circumstances under which you were terminated, there are a number of legal options available.
Redundancy
If you have been made redundant, there are a number of things to consider:
- Is this a legitimate redundancy?
- Am I getting the proper pay, based on my years of service and age?
It is important when leaving employment to ensure that you are protected.
Unfair dismissal
An unfair dismissal is a decision on the part of an employer to terminate an employee’s contract or force an employee to resign, in a ‘harsh, unjust or unreasonable’ manner.
For example:
- There was no valid or well-founded reason for the termination.
- The employee had not received any warnings prior to the termination, or had not been given an opportunity to respond to any such warnings.
You may consider commencing an unfair dismissal action if you:
- Have been employed by the employer for at least six months, or at least 12 months in the case of a small business employer with fewer than 15 employees; and,
- Earn an amount that is under the high-income threshold.
Wrongful termination
A wrongful termination is a decision on the part of an employer to terminate an employee’s contract in circumstances in which the contract did not give the employer the power to do so. This claim is usually used by employees who don’t qualify for an unfair dismissal claim because they earn an amount that is higher than the income threshold.
If you’ve been dismissed unfairly, unreasonably or in breach of your employment contract, you might consider commencing proceedings at the Fair Work Commission for unfair dismissal, or start court proceedings for wrongful termination or a breach of the general protections provisions.
Our team of employment lawyers will help you understand the best process to take, and how to go about it. You can call us on (02) 9199 8597 or email us.
General Protections
A general protections claim arises where an employer takes ‘adverse action’ against an employee for a prohibited reason.
Prohibited reasons include:
- An employee’s participation in lawful union activities.
- Discriminatory reasons, such as the race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, or social origin of the employee.
- An employee’s exercise of his or her workplace rights, such as the right to take leave or to make a complaint about his or her employment.
If the employee proves that the adverse action was taken, the employer is required to prove that they did not take the adverse action for a prohibited reason.
How we can help you
As your unfair dismissal lawyers, we can help you by:
- Advising you as to whether you have an unfair dismissal or wrongful termination claim.
- Helping you to determine what a favourable resolution or outcome might look like.
- Helping you with commencing and running unfair dismissal and unlawful termination proceedings.
- Advising you on how to ensure that the decision to commence unfair dismissal or wrongful termination proceedings does not stop you from taking the next step in your career.
If you’d like to speak to one of our experienced lawyers about how you should be handling your termination, call us on (02) 9199 8597 or email us.
The information contained in this post is current at the date of editing – 3 September 2024.