Unfair Dismissal Claims

Unfair Dismissal Claims

Whether dismissing an employee or being dismissed yourself, the process attached to a termination can be stressful, uncertain and daunting for both parties involved.  Paula Sutherland & Associates is here to assist both employers and employees not only understand their rights and responsibilities following a termination, lawful or not, but also provide advice in relation to the management of potential terminations before they are acted upon.

Clients requiring assistance may include:

  1. An employee seeking advice in relation to warnings or actions taken by their employer alleging underperformance of the employee
  2. An ex-employee seeking advice in relation to making an unfair dismissal claim where they have already been terminated
  3. An employer seeking advice on how to undertake a fair process in disciplining or dismissing an employee
  4. An employer seeking to defend an unfair dismissal claim against them

There are a number of ways to consider a fair and due process for an employee when considering disciplinary action or termination based on such things as underperformance, tardiness, inappropriate behaviour or misconduct.

Once a termination has taken place and an employee believes there have been unlawful grounds for doing so, many factors have to be taken into account and time limits apply to the application being made to the Fair Work, if in fact an employee even meets the requirements of such an application.  Paula Sutherland & Associates can advise on a number of issues including, but not limited to:

  • Applicable legislation and case law
  • Application requirements and minimum employment periods
  • Application timeframe for lodgement
  • The Small Business Code
  • Advice in relation to general protections
  • Evidence of unsatisfactory performance, warnings, etc
  • The scope of what is harsh, unjust or unreasonable dismissal
  • Mediation, hearings and conferences
  • Remedies and compensation
  • Discrimination and/or Bullying, including Tribunal appearances

If you think you may have been unfairly dismissed; have a claim against you for unfair dismissal; or have any queries or concerns relating to the potential for a dismissal, please call Paula Sutherland & Associates to discuss.

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