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In a perfect world, no workers would ever be unfairly dismissed. However, as you know, people’s services are sometimes terminated unjustly or unreasonably – and luckily, there are steps you can take to protect yourself. If you feel you have been the victim of unfair dismissal, the following legal advice is essential to you.
When the Fair Work Commission determines whether your dismissal was unfair, they will consider factors such as whether your employer overreacted, whether they had a valid reason for dismissing you, whether they notified you of the reason, and whether you received any warnings before your dismissal about unsatisfactory performance.
Making an unfair dismissal claim
You have 21 days after being dismissed to make a claim. To be eligible to make a claim, you must have been dismissed after completing the minimum employment period and earning less than the high-income threshold. If these requirements are not met, you will not be able to make an unfair dismissal claim. An unfair dismissal lawyer or solicitor can help you navigate the process.
If your job was made redundant, you also would not be eligible. However, if your dismissal is found not to be a genuine redundancy, then you may have a case. A genuine redundancy is when your employer does not need anyone to perform your job, when they have spoken with you about the redundancy before dismissing you, and when they have no other vacancies to which they could redistribute you.
If you were a casual worker, you might still be eligible to make an unfair dismissal claim. To be eligible, you must be able to demonstrate that you had a work pattern that was “regular and consistent,” and that you had a reasonable expectation of continued employment with the company.
What if you resigned? There are some cases in which you can make an unfair dismissal claim even after your resignation. These cases include those where an employer causes the resignation – for example, if the employer threatens to dismiss the employee if they refuse to resign, or if they refuse to pay the employee correctly. An employee who stepped down may also have a case if their employer failed to adequately respond to a harassment claim or other issue.
It is against the law for your employer to discriminate against you because of your race, sex, age, religion, and many other factors; it is also against the law for them to dismiss you because of a temporary illness or absence or because you exercise your workplace rights. If you feel that you have been unfairly dismissed, you need an unfair dismissal solicitor in Darwin who can provide you with the unfair dismissal legal advice in Darwin you need. Gabrielle Martin is an unfair dismissal solicitor in Darwin offering quick, friendly service and a problem-solving approach to help you achieve the best outcome possible. For the personal assistance that only a small practice can provide, contact Gabrielle Martin today.