Frequently Asked Questions

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Employee Dismissals offers a free assessment to dismissed employees. Part of the assessment includes a complimentary consultation with one of our dismissal claims consultants. The free dismissal assessment, along with the initial consultation provided as part of that service, is confidential and completely free of charge.

If you choose to instruct Employee Dismissals to lodge a claim against your former employer on your behalf, a small administration charge will be payable to Employee Dismissals prior to your claim being lodged. The amount of this charge varies depending on the type of claim, and will be disclosed to you before we accept your instructions.

Depending on the type of claim lodged on your behalf, and the tribunal in which it is lodged, a tribunal filing fee may also be payable to the tribunal in which your claim is lodged. This fee is not paid to Employee Dismissals, but is payable to directly to the tribunal concerned. The amount of these fees are set by the Government and indexed annually. The amount of any tribunal filing fee will be disclosed to you before we accept your instructions.

Employee Dismissals presently absorbs the tribunal filing fee payable in unfair dismissal applications, as part of its service to dismissed employees. For all other type of claims, you will remain responsible for making payment of the filing fee to the relevant tribunal. However, it will be possible for you to apply for a waiver of the tribunal filing fee on the grounds of financial hardship. Please inform your dismissal claims consultant if you wish to apply for a waiver of the tribunal filing fee.

Employee Dismissals provides free, confidential assessments for employees who have already been dismissed.

However, we believe it can be helpful to seek expert advice whilst you are still employed, if possible. This is especially the case if you think your dismissal is imminent, have been presented with allegations of poor performance or misconduct, or if you have been stood down pending an investigation into your conduct.

If you believe the alleged conduct could potentially result in any kind of police involvement, you should almost certainly obtain advice prior to providing any response to your employer. An example of conduct that, if proven to have taken place, could result in criminal charges, is sexual assault that may be alleged to have taken place in the course of an investigation into alleged sexual harassment. Another example pertains to driving whilst under the influence of alcohol. Staff parties and off-site social events are events at which employee conduct can commonly be called into question.

Employee Dismissals offers Priority Advice Conferences of up to 30 or 60 minutes’ duration, which can be booked and paid for on our website. Charges apply for these conferences.

You should note that Employee Dismissals is not a law firm, and does not provide legal advice. We can only provide industrial relations advice in relation to your employment, and representation as your agent in any dismissal claim lodged in an industrial tribunal. If you require legal advice about a particular issue (including a potential police or criminal matter) we would be happy to refer you to a solicitor with expertise in the relevant field.

Employee Dismissals is not a law firm, we do not engage in legal practice, and do not provide legal advice or representation.

Our experienced consultants provide industrial advice, dismissal claims lodgment and representation in employment disputes as industrial agents.

Many of our consultants have legal qualifications. We believe this sets us apart from the others. In most cases, a consultant with legal qualifications will have had some involvement in your case. Furthermore, our knowledge and expertise in employment litigation means that we are in a unique position to fight hard against employers, when those without such expertise could drop the case. One example of such circumstances is where an employer lodges a jurisdictional objection to a claim, or makes a costs application.

Unlike some lawyers and representatives who “play both sides”, Employee Dismissals only handles dismissal claims for employees. There are no conflicts of interest.

If at any time you require advice or representation from a barrister or solicitor, we will refer you to a legal practitioner in the relevant field, who can render legal services on their usual terms.

You should contact Employee Dismissals as soon as possible. It is critical that an 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 be lodged out of time, and it can be very difficult to obtain an extension of time.

Part of the service we provide involves determining the appropriate type of employment claim that should be lodged, and the tribunal in which it should be lodged.

Schedule your Free Dismissal Assessment without delay.

Employee Dismissals prioritises the provision of free assessments to dismissed employees. We do this because strict time limits apply to dismissal claims, and it has been our experience that dismissed employees often do not have the funds to pay for tailored advice about their eligibiity to make a claim. This lack of resources can place dismissed employees at a disadvantage in comparison with some employers – particular larger employers – who have access to dedicated human resources personnel and lawyers to advise and represent them.

Like some organisations that provide some of their services free of charge whilst charging for other services, Employee Dismissals offers a range of premium services to employees. These services include Priority Advice Confences, and support person services. There services can be provided on the same day – and sometimes at an off-site location – subject to consultant availability. Our charges for premium services are highly competitve and are usually tax-deductible for employees.

We note that Employee Dismissals is proudly independent of, and is not affiliated with or endorsed by, any government agency. We do not receive government funding.

Strict time limits apply to dismissal claims. The applicable time limit will depend on the type of claim and the tribunal in which the claim is to be brought.

For example, section 394 of the Fair Work Act 2009 (Cth.) provides that an application for unfair dismissal remedy must be made within 21 days after the dismissal took effect, unless the Fair Work Commission exercises its discretion to extend the timeframe.

It can be extremely costly, difficult and time-consuming to persuade the Fair Work Commission to exercise its discretion to extend the timeframe. Most extensions are granted in cases of representative error, so engaging a representative to lodge a claim from the outset can offer a degree of protection against a missed deadline.

Determining when a dismissal “took effect” can also be less than straightforward.

For these reasons, you should seek advice without delay.

Employee Dismissals has office locations in capital cities around Australia, and can assist employees Australia-wide regardless of their physical location.

You can schedule a Free Dismissal Assessment, or a Priority Advice Conference, and receive a call back at a time that suits you.

We are a paperless organisation, and we prefer to receive any documents or instructions electronically.

COVID-19 precautions are presently being observed, and our staff may be working from home. However, face-to-face meetings at our office locations can take place subject to COVID-19 precautions.

Employee Dismissals is unable to guarantee a specific outcome in relation to a particular dismissal claim. This is due to the fact that every claim, and the employment relationship from which it arose, is different. Furthermore, dismissal claims almost always involve disputed facts.

An award of compensation can be made to restore lost pay as a result of an unfair dismissal. Unfortunately, compensation for hurt, humiliation and distress are not awarded in unfair dismissal matters, but may be awarded in discrimination claims depending on the circumstances.

More than 90% of claims lodged by Employee Dismissals are resolved with the removal of the dismissal from the employee’s personnel file.  This can even occur when an employee is dismissed for serious misconduct.

The Fair Work Commission may tell you that you cannot bring a claim. This may not be correct. Often, the only way to get a dismissal removed from your record is to bring a claim. If you do not bring a claim when you are eligible to do so, you could be stuck with a dismissal on your work record – permanently!

Reinstatement is the primary remedy in unfair dismissal matters, but is very rarely awarded. In our experience, most employees do not wish to return to the workplace after they have been dismissed.

We will consult with you to ascertain what is most important to you. We share some of the risk by providing a No Win No Fee option to eligible dismissed employees. We are proud of our track record in setting the record straight for dismissed employees, and will fight hard for a fair outcome.

In an unfair dismissal application brought pursuant to the Fair Work Act 2009 (Cth.), it is not possible for the Fair Work Commission to award more than 26 weeks’ pay. Any payment made in lieu of notice (but not untaken leave entitlements) shall be included in the 26 week calculation, and can only be awarded to restore lost pay.

For these reasons, an unfair dismissal claim is only one type of claim that should be considered.

Employee Dismissals offers a No Win No Fee option to eligible dismissed employees, which aims to protect them from being out of pocket in the event that they are unsuccessful in securing compensation, and to improve access to justice amongst dismissed employees.

Applicable fees and charges will be disclosed to you in writing, and will require your agreement, before we will accept your instructions to lodge a claim against your former employer.

The No Win No Fee option does not apply to the small administration charge that will be payable before we lodge your claim.

STRICT TIME LIMITS APPLY TO DISMISSAL CLAIMS. GET YOUR FREE DISMISSAL ASSESSMENT TODAY.

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