Unfair Dismissals
- Services
Unfair Dismissal Lawyers - Expert Support from NS8 Group Lawyers & Advisors
Whether you’ve been unfairly dismissed or need to respond to an unfair dismissal claim, NS8 Group Lawyers & Advisors is your trusted partner in protecting workplace rights.
The national workplace relations system plays a crucial role in such cases, providing a framework for employees to seek recourse through the Fair Work Commission if they believe their dismissal was unjust. We specialise in navigating the complexities of employment law, ensuring you receive expert representation and guidance throughout the entire process.
- Our Services
Why Choose NS8 Group Lawyers & Advisors?
Expert Representation
01
We represent you at every stage of the process, from initial consultations to negotiations and hearings.
Tailored Advice
02
Fixed Fee Structure
03
- Our Process
Understanding Unfair Dismissal
Constructive Dismissal
01
Harsh or Unjust Process
02
Employment Law Considerations
When dealing with unfair dismissal claims, understanding the employment law framework is crucial. The Fair Work Act 2009 is the cornerstone of unfair dismissal regulation in Australia. The Act outlines the rules and procedures for making an unfair dismissal claim, including the minimum employment period, the definition of unfair dismissal, and the process for lodging an application.
Under the Fair Work Act, employers must provide a valid reason for dismissal and follow a procedurally fair process. This includes giving the employee an opportunity to respond to any allegations and ensuring the dismissal is not harsh, unjust, or unreasonable. Employees, on the other hand, need to be aware of their rights and the steps they must take to lodge a claim.
The minimum employment period is a critical factor in determining eligibility for an unfair dismissal claim. Employees must have worked for at least six months, or 12 months for small businesses, to be eligible. Understanding these legal requirements helps both employers and employees navigate the complex process of unfair dismissal claims and ensures that their actions are compliant with the Fair Work Act.
General Protections Dismissals
Unlawful termination occurs when an employee is dismissed for reasons that contravene general protections provisions under the Fair Work Act.
Unlike unfair dismissal claims, a formal dismissal is not required to lodge a general protections claim.
General Protections Dismissals arise when an employee is treated unfairly or discriminated against based on specific attributes or rights, including:
Discriminatory Dismissal
01
Employees dismissed due to discrimination related to race, gender, disability, or other protected attributes.
Violation of Legal Entitlements
02
Employers failing to provide entitlements like leave or promotions can lead to a claim.
Retaliation for Exercising Rights
03
Dismissal or adverse actions taken against an employee for exercising workplace rights, such as making a complaint or taking sick leave.
The Unfair Dismissal Process
Each unfair dismissal case is unique, and compensation is determined on a case-by-case basis. Legal guidance is crucial to navigate the complexities of the process.
The process typically involves the following steps:
Lodging the Claim
01
Employer’s Response
02
Conciliation
03
Hearing
04
Types of Unfair Dismissal Claims
Unfair Dismissal Claims
01
Constructive Dismissal Claims
02
General Protections Claims
03
Contract Breach Claims
04
Permanent Employees
05
Eligibility for Unfair Dismissal Claims: Minimum Employment Period
To make an unfair dismissal claim, employees must meet specific criteria such as:
Minimum Employment Period
01
Employees must have worked for at least six months, or 12 months for small businesses.
Casual Employees
02
Casual employees are eligible if they’ve been employed on a regular and systematic basis, paired with a reasonable expectation of continuing their employment.
Defending Against an Unfair Dismissal Claim
For employers, responding to an unfair dismissal claim requires timely action and a strong legal strategy. The process typically includes:
Response Submission
01
Participation in Conciliation or Hearings
02
Common Mistakes to Avoid in Unfair Dismissal Claims
Navigating an unfair dismissal claim can be challenging, and avoiding common mistakes is essential to increase the chances of success.
By steering clear of these common mistakes, you can better protect your rights and improve the likelihood of a favourable outcome in your unfair dismissal claim.
Here are some pitfalls to watch out for:
Failing to Meet the Minimum Employment Period
Not Providing Sufficient Evidence
Failing to Follow the Correct Process
Not Understanding the Definition of Unfair Dismissal
Not Considering Alternative Dispute Resolution
Not Seeking Legal Advice
Failing to Respond to the Employer’s Response
Not Attending the Conciliation Conference
Act Quickly: Strict Timeframes
Comprehensive Support Throughout the Process
We not only guide you through the legal complexities of unfair dismissal but also provide continued support after your claim is resolved. We assist with negotiations, settlements, and ensuring any compensation is managed appropriately.
Partner with NS8 Group Lawyers & Advisors for expert legal advice and representation in unfair dismissal cases. We are committed to protecting your rights and helping you secure the compensation and peace of mind you deserve.
Initial consultation
01
Tailored legal strategy
02
Dedicated representation
03
Our comprehensive expertise allows us to handle a wide range of legal matters effectively.
- Our Process
Your rights matter, we are here to defend them
We prioritize our clients’ needs, understanding that each case is unique. Our team of seasoned attorneys is committed to delivering tailored solutions, ensuring you receive the attention and representation you deserve. Our comprehensive expertise allows us to handle a wide range of legal matters effectively.
Nulla tempus ut metus sit amet consectetur. Quisque convallis efficitur risus ut sollicitudin. Suspendisse vel mollis enim, vitae viverra risus. Nunc tempus quam non nunc semper, vitae imperdiet magna porttitor.
