ALTERNATIVES TO UNFAIR DISMISSAL

FREE DISMISSAL ASSESSMENT

EMPLOYEE DISMISSALS

Setting the Record Straight for Dismissed Employees

FREE DISMISSAL ASSESSMENT

WHAT IF I’M NOT ELIGIBLE TO BRING AN UNFAIR DISMISSAL CLAIM?

Whilst unfair dismissal claims are an efficient means of obtaining redress for a dismissal, alternatives may be available to a dismissed employee who is not eligible to bring an unfair dismissal claim.

Even in those cases where an employee is eligible to bring an unfair dismissal claim, this might not be the best option for them. One example is where there is a clear instance of discrminatory conduct or adverse action taken against the employee for a prohibited reason (eg. disability, pregnancy).  Not only might a claim be lodged against the former employer, but it may also be possible to bring a claim against a person “involved in” the contravention. Furthermore, there is no statutory compensation cap applicable to some discrimination and adverse action claims, whereas compensation awarded in federal unfair dismissal claims is subject to a statutory limit of 26 weeks’ pay.

Despite the potential advantages of pursuing an alternative type of claim, clear drawbacks do exist.  For example, it is critically important to rely upon the correct legislative provisions. A defective claim could result in a “no reasonable prospect of success” endorsement. This would have costs implications should the matter proceed further.

A decision concerning the most appropriate claim to be pursued must be made as early as possible, before any applicable time limits have expired. Different time limits apply to different types of claims in different jurisdictions, and the processes for bringing and progressing a claim differ between jurisdictions. For example, a claim proceeding to arbitration in the Fair Work Commission will involve processes that differ from those involved in a claim before the Federal Court of Australia.

A minefield of legislation prohibits workplace discrimination and adverse action, and numerous tribunals exist to deal with such claims. Employee Dismissals can help you determine not only the type of claim that best suits your situation, but also the most appropriate tribunal in which to lodge your claim.

Time limits appy to these types of claims, so it’s important to act fast. It is critical that any application is made before any time limit has expired. If you bring the incorrect claim, you may be precluded from proceeding with the other claim should you later change your mind after the time limit has passed. This is because the other claim will need to be lodged out of time, and it is difficult to obtain an extension of time.

Employee Dismissals can help you determine the appropriate type of claim so that you need not be concerned about lodging the incorrect claim. Your employer will most likely have access to legal or human resources expertise, and it’s important that you don’t end up on the back foot as a result of amateur mistakes. If you have been subjected to any form of discrimination or adverse action which involved the termination of your employment, you should contact us for a free dismissal assessment as soon as possible.

FAST CLAIM LODGEMENT.

Losing your job, especially without notice, can lead to significant problems in your life. You don’t need to face the challenge alone. The dismissal specialists at Employee Dismissals know how important it is to lodge dismissal claims fast and fight claims hard so that you can claim fair compensation, clear your name and move forward with your life. No employer is too big or small and, unlike some, we only assist employees. There are no conflicts of interest, and Employee Dismissals will fight for a fair outcome.

FREE CLAIM ASSESSMENT

DISMISSALS REVERSED. EMPLOYERS HELD TO ACCOUNT.

Employee Dismissals and its consultants have a strong track record when it comes to holding employers to account. Our experienced dismissal claims specialists can prepare your case and speak on your behalf, aiming to ensure you are taken seriously by your former employer, costly mistakes are avoided, fair compensation is sought, and your dismissal is permanently reversed. All of this with a No Win No Fee option for eligible dismissed employees.

FREE DISMISSAL ASSESSMENT. ONLY FOR DISMISSED EMPLOYEES.

At Employee Dismissals, we know how stressful it is to lose your job. We also know there are two sides to every story. You deserve to be heard, but access to justice can be limited. Many dismissed employees don’t have the resources to make substantial upfront payments to fight their case. Employee Dismissals offers a free dismissal assessment and No Win No Fee representation to eligible dismissed employees. Employers and the Government may not like this, but we firmly believe dismissed employees should have access to quality representation when they go up against employers and their lawyers.

FREE DISMISSAL ASSESSMENT

REMEMBER, STRICT TIME LIMITS APPLY TO DISMISSAL CLAIMS. GET IN TOUCH WITH OUR EXPERIENCED SPECIALISTS TODAY.

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