Unfair dismissal step by step guide
Jun 07, 2023According to Fairwork Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. Experiencing unfair dismissal can be a challenging and distressing situation. I have created a step-by-step plan to help you navigate this situation:
- Understand your rights and familiarise yourself with local state laws
In Australia if you would like your case reviewed by the Fair work commission, You will be eligible to bring a claim if you meet the following criteria:
(fairwork.gov.au (link pasted)
You are paid below the high-income threshold (presently $142,000.00);
You have been employed for at least 6 months (or 12 months for an employer with fewer than 15 employees);
You commenced the claim within 21 days following the date of dismissal.
- Review company policies:
Carefully examine your company's policies and procedures, particularly those related to termination and disciplinary actions. This will help you determine if your employer followed the proper procedures or violated any of their own policies during the dismissal process.
- Contact a good employment lawyer to determine whether you are covered by any specific employment laws or regulations that protect against unfair dismissal. These may include laws related to discrimination, whistleblowing, or wrongful termination.
4 Gather evidence: Collect all relevant documentation related to your employment, including your employment contract, payslips, performance reviews, emails, and any other evidence that supports your claim of unfair dismissal. This evidence will be crucial in building your case.
- Apply for Unfair dismissal through FWC (link below) it costs $77.80 and changes on 1 July each year.: Your employment lawyer can assist you with this process and ensure that you meet all the necessary requirements and deadlines.
6 Engage in negotiations or mediation with exemployers through a coalition conference: A Fairwork Commission Officer will mediate and try to resolve the issues to help you reach a fair settlement. In most cases, it may be possible to resolve the issue through negotiations or mediation with your employer.
- If mediation doesn’t lead to a settlement/resolution prepare for legal proceedings: Your lawyer may recommend taking legal action. They will guide you through the process of filing a lawsuit and represent you in court if necessary. Ensure that you have all the necessary documentation and evidence to support your claim.
8.Attend hearings or court proceedings: Make sure you attend all scheduled proceedings. Follow your lawyer's advice and present your case clearly and concisely. Be prepared for the possibility of cross-examination by your former employer's legal representation.
- Seek support: Dealing with unfair dismissal can be emotionally draining. Reach out to friends, family, or support networks to help you cope with the stress. You may also consider joining local community groups or online forums where you can find support and advice from others who have experienced similar situations.
- Start Career planning for the future. Use your situation to plan out what your ideal career looks like and ensure
It is crucial to consult with an employment lawyer who can provide personalised guidance tailored to your circumstances. If you would like to set up a 45 minute complimentary strategy session to determine next steps, you can book using this link.https://www.glassceilingcareermanagement.com/discovery-call
Useful Links b
https://www.fairwork.gov.au/ending-employment/unfair-dismissal
UnsTuck your career program kicks off on the first week of every month.
Life’s too short to be stuck in a frustrating job that saps all your energy.
Join the waitlist and be the first to be contacted to join the next program.
Author
