Unfair Dismissal Cases & Claim

Losing employment can be devastating, taking a toll on both your mental and financial health. If you have recently lost your job, it is important that you consider all your options as you may be able to seek reinstatement to your position or be entitled to compensation. At Le Brun & Associates, we can help work out whether you have a case for unfair dismissal and we can guide you through the court process to make sure you obtain a positive outcome. Any compensation payout would be sought to take into account the costs associated with pursuing a claim, so you will benefit from calling us to assess your options. It is important to speak with one of our lawyers as soon as possible, as the window for lodging a complaint with the Fair Work Commission is only 21 days from when you are terminated from your employment.

Do I Have A Valid Claim?

It can be challenging working out whether your former employer breached Fair Work legislation in dismissing you. To meet the criteria for a valid claim you need to have worked for your previous employer for at least 6 months in either a part-time or full-time role, and:

  • Earned less than $153,000 per year, or
  • A modern award covers your employment, or
  • An enterprise agreement applies to your employment

Some of these criteria may vary if your former employer is a small business. The next thing you need to consider is whether your loss of employment was a genuine redundancy, meaning changes in the business have made your previous role unnecessary and your employer has complied with any applicable award or enterprise agreement. Our lawyers can help you work out whether you meet these criteria, so please call us for the assistance you need in seeking clarification.

If your loss of employment was based on performance rather than redundancy, you may still have a valid claim for unfair dismissal. Before they can dismiss you, your employer must warn you about performance issues and give you time to resolve these problems. So, if you were given no prior warning before dismissal, we may be able to help you make a claim for unfair dismissal.   

At first glance, you may not believe you have a solid case for unfair dismissal, but there is still value in speaking with one of our lawyers as we might discover that your claim is valid due to an exemption in recent legislative changes. So, contact us and we can walk you through all your options.

What Happens When I Make A Claim?

There are a number of different routes you can take once you have decided to make a claim, and our lawyers can guide you through them to ensure the most beneficial outcome for you.

A voluntary first step is conciliation, an informal method of resolving disputes between you and your former employer. This process is done outside of the court, we can help negotiate with your former employer so you can obtain the best possible outcome for you. You and your former employer are under no obligation to reach a settlement during conciliation.

If conciliation does not resolve the issue, then your claim will proceed to arbitration where it will be reviewed in either a conference or a hearing by the Fair Work Commission. Our lawyers can help you prepare your case, ensuring it is clear and organised, and represent you at any such hearing. Well prepared unfair dismissal cases are far more likely to succeed, so speaking with one of our lawyers will benefit you greatly.

It is important to have legal representation throughout this process to ensure you are always well-informed of your options and aware of any coming deadlines. The outcome of an unfair dismissal case can drastically affect your life and your income, so call us and we will assist you. 

At Le Brun & Associates, we care about you and will do all in our power to help you either regain your employment or seek compensation. We can assist you through the negotiation process with your former employer and represent you at the Fair Work Commission. It is important to contact us as soon as possible to get the best chance of success in your claim. Contact us today for your FREE 30-minute consultation.

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