TERMS AND CONDITIONS: MONEY-BACK GUARANTEE ON PRIORITY ADVICE CONFERENCES

1. Employee Dismissals provides premium services to employees who have not yet been dismissed, but are seeking advice in relation to their employment. These premium services include Priority Advice Conferences of 30 minutes’ and 60 minutes’ duration. Charges are payable for Priority Advice Conferences. The money-back guarantee outlined on this webpage is offered to individuals who purchase a Priority Advice Conference and satisfy all the terms outlined below. It is designed for employees, who are still employed but are concerned they may be dismissed, to obtain expert advice from Employee Dismissals before they are notified of their dismissal, with a view to increasing the likelihood that they will be eligible to lodge a claim against their employer in the Fair Work Commission (Commission) to dispute their dismissal in the event they are ultimately dismissed.

2. If you book and pay for a Priority Advice Conference (Advice Conference) using the online booking link contained on our website at www.employeedismissals.com.au/bookings, follow all advice we provide to you by email during or after the Advice Conference within any specified timeframes and, after the Advice Conference has concluded and you have complied with any advice provided to you, you receive notice of dismissal from your employer, Employee Dismissals guarantees that it will offer to lodge a claim in the Commission on your behalf to dispute the termination of your employment (Guarantee).

3. If, after you have been dismissed and followed all advice provided to you by us in writing within any timeframe we specify, and you have satisfied these terms and conditions in full, Employee Dismissals decides at its sole discretion that it will not offer to dispute your dismissal by lodging a claim in the Commission on your behalf, Employee Dismissals will refund the price paid for the Advice Conference by processing a refund to your original method of payment within a reasonable time of confirming your eligibility for a refund under the terms of this Guarantee. The liability of Employee Dismissals under the terms of this Guarantee shall be limited to the lesser amount of (i) the price you paid to Employee Dismissals for the Advice Conference or (ii) $398. All amounts are inclusive of GST.

4. In order to be eligible for a refund pursuant to this Guarantee, your employer must notify you of your dismissal within 28 days of the Advice Conference taking place, and you must notify Employee Dismissals by email within 2 days of the date you receive notification of your dismissal. The email must contain your full name, email address, name of your employer (which must be the same employer that employed you at the time you participated in the Advice Conference), the date you were notified of your dismissal, and your last day of work. Employee Dismissals may schedule an appointment  by telephone (or may request you to do so, without additional charge) to discuss the circumstances of your dismissal. You must co-operate with reasonable requests made by Employee Dismissals (including but not limited to any request to attend an appointment by telephone) so that it can decide whether, in its opinion, (i) you are eligible to lodge a claim to dispute your dismissal in the Commission; and, (ii) if so, to offer to lodge such a claim as your agent.

5. Before offering to lodge a claim to dispute your dismissal, Employee Dismissals will satisfy itself that the proposed claim is (i) not frivolous or vexatious; and (ii) enjoys a reasonable prospect of success. If Employee Dismissals should decide, in its reasonable opinion, that you are eligible to lodge a claim to dispute your dismissal in the Commission, and makes an offer to you in writing to lodge a claim on your behalf within 18 calendar days of the date of your dismissal, you will not be eligible for a refund under the terms of this Guarantee.

6. To the extent permitted by law, no further guarantees, representations or warranties (express or implied) are made. Nothing in this Guarantee creates or imposes any obligation on Employee Dismissals to offer to lodge any claim on your behalf, or to take any steps whatsoever in relation to a claim or potential claim. Employee Dismissals does not guarantee any particular outcome of any claim you may lodge, or instruct it to lodge.

7. Any offer made by Employee Dismissals to lodge a claim in the Fair Work Commission on your behalf shall, if accepted, be subject to separate terms, conditions and charges as a separate and distinct agreement. You are not under any obligation to engage Employee Dismissals to lodge a claim on your behalf.

8. These terms and conditions form part of the Guarantee and comprise the entire Guarantee. General disclaimers applicable to Priority Advice Conferences shall continue to apply alongside the Guarantee. This Guarantee operates in addition to any rights you may have under the Australian Consumer Law.

9. You should obtain independent legal advice if Employee Dismissals communicates its view that you are not eligible to bring a claim in the Commission and/or declines to make an offer to lodge a claim on your behalf. You should not infer that you are not eligible to bring a claim against your former employer, simply because Employee Dismissals has communicated such a view, or has not communicated any view. You will remain solely responsible for satisfying any statutory time limits unless and until Employee Dismissals makes an offer in writing to lodge a claim on your behalf and (if applicable) you have provided written instructions and authorisation to Employee Dismissals to do so as your agent.

10. To make a claim for a refund pursuant to the terms of this Guarantee, please send an email to the specialist who conducted your Advice Conference no later than 21 days after the date you were notified of your dismissal.