UNFAIR DISMISSAL CLAIMS

FREE DISMISSAL CLAIM ASSESSMENT

SETTING THE RECORD STRAIGHT FOR DISMISSED EMPLOYEES

FREE UNFAIR DISMISSAL ASSESSMENT

WHAT IS UNFAIR DISMISSAL? HOW CAN WE HELP?

Governments have enacted legislation designed to protect eligible employees from unfair dismissal. In certain circumstances, an employee who was demoted or forced to resign may also be eligible to bring an unfair dismissal claim.

A dismissal might be determined to be unfair if, taking into account all relevant factors, the dismissal was harsh, unjust or unreasonable. The factors considered in determining whether a dismissal was harsh, unjust or unreasonable will vary depending on the circumstances of each case, including the jurisdiction in which the claim is made. If a tribunal determines that you have been unfairly dismissed, your former employer could be ordered to reinstate you to your former position or – more commonly – pay compensation for remuneration lost since the date of the dismissal.

Not every employee will be eligible to bring an unfair dismissal claim. The rules surrounding eligibility are complex and it is critically important to ensure the correct type of claim is brought in the correct tribunal. Lodging an unfair dismissal claim when you are not eligible to do so can have devastating implications. Consequences might include having your claim dismissed, missing out on the ability to claim compensation in relation to the dismissal, and the employer applying for an order that the employee pay the legal costs incurred in defending the claim.

The good news is that, even if you are not eligible to bring an unfair dismissal claim against your former employer, alternative types of claims are often available. Employee Dismissals prides itself on assisting dismissed employees to determine the most appropriate type of claim to be lodged. Our specialists are well-versed in the complexities associated with determining the correct jurisdiction, and we will always try to find a way to bring a claim for you if you feel you have been unfairly dismissed. Ensuring you are provided with the opportunity to dispute your dismissal is our priority. Determining the correct jurisdiction and avoiding costly mistakes is a key part of the service we provide to dismissed employees. This means that, if you choose to engage Employee Dismissals, you can have confidence in the fact that our specialists will prepare and lodge the correct type of claim on your behalf, and give you the chance to be heard.

Whether or not you are eligible to lodge an unfair dismissal claim, you should act fast. Strict time limits apply to dismissal claims. 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 is passionate about helping employees who have been treated poorly in the workplace. One of our unfair dismissal experts can undertake a confidential and free assessment of your case. If you engage Employee Dismissals to lodge an unfair dismissal claim, your claim will be lodged within the statutory timeframe. We provide specialised unfair dismissal representation, using our skills to clear your name and have your dismissal reversed, and seeking compensation in respect of your dismissal. We offer a No Win No Fee option to eligible dismissed employees.

Some employers, employer associations, pro-employer members of the Fair Work Commission and the Liberal/National Government dislike organisations like Employee Dismissals. This is understandable. We believe the services we offer result in more employees competently disputing their dismissals. We don’t have a problem increasing access to justice amongst dismissed employees. In fact, this is one of our key goals. In rare cases, an employer will attempt to challenge jurisdiction. In those cases, we will explain the process to you, and outline your options. We will only lodge claims that enjoy a reasonable prospect of success, and we engage barristers to vigorously defend any action taken against us by an employer in response to a claim we have lodged on behalf of a vulnerable employee. In appropriate cases, we will seek a costs order against the employer. We aren’t shy. Our policy is to adopt a tough approach.

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 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 UNFAIR DISMISSAL ASSESSMENT

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

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