3 Steps Of The Unfair Dismissal Process
The unfair dismissal process may be daunting and confusing. However, there are three main steps that you can follow to better understand the procedure. Step 1: The Unfair Dismissal Application If you have been unfairly dismissed, you must make an unfair dismissal application. This process is a legal process and it is not just about […]
Genuine Redundancy or Unfair Dismissal?
Whether a case leans towards a genuine redundancy or unfair dismissal depends on elements within the employment contract, or lack there of. In today’s economic climate, it is very common from employers to make employees redundant. But if the redundancy is not genuine, an employee may initiate an unfair dismissal claim against their employer. There […]
4 steps to prevent an unfair dismissal claim
Terminating an employee can often be an arduous process that can get clouded with emotion from both parties. However, it is essential that the termination process is carried out in a careful manner from the very start. If the termination process is not managed, the employer can become liable in relation to an unfair dismissal […]
Why An Unfair Dismissal Case Was Unsuccessful
Not every unfair dismissal case is a winner. Let’s look at a case where the Fair Work Commission found that the employee’s failure to accept settlement offers was imprudent and delinquent and consequently ordered costs against the employee. In the case of Steven Post v NTI Limited T/A NTI [2016], the Fair Work Commission has ordered indemnity […]
Why Is An Unfair Dismissal Compensation Payout Limited?
The reason why the compensation payout one can receive is capped is on the basis that it can have a serious impact on the cash flow of the average Australian small to medium business. In one of our articles titled “Are you a high earner for the purpose of unfair dismissal claims?”, we discussed the high […]
Are You A High Earner For The Purpose Of Unfair Dismissal Claims?
Generally, unfair dismissal claims can be presented before the Fair Work Commission if an employee can show that the termination was harsh, unjust or unreasonable. Prior to 1 July 2018, the high earner threshold was $142,000. Now the income has increased to $175,000. So, what does this wage increase and associated changes mean? High income […]
Have you been terminated?
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 […]
Extension of Time for Unfair Dismissal Applications
The Fair Work Commission has considered a number of unfair dismissal applications for extensions of time. The Time Limit for Unfair Dismissal Applications Under ss 365 and 394(2) of the Fair Work Act 2009 (Cth), an employee is generally required to make an unfair dismissal or general protections application within 21 days after the dismissal […]