Monday, 13 October 2014

Unfair or Unlawful Dismissal in the Workplace –Know your Rights, with Glenn Duker, Solicitor

Do you feel you have been unfairly or unlawfully dismissed in the workplace? Glenn Duker, solicitor is here to provide you with the help that you need. This following will provide you with some useful informationto help you determine whether to pursue your case.

Unfair dismissal

According to the Fair Work Commission, a person has been unfairly dismissed when the dismissal is considered to be harsh, unjust, or unreasonable. It is also unfair when the dismissal is not consistent with the Small Business Fair Dismissal Code, and the dismissal is not a case of genuine redundancy.

Do you believe your dismissal was harsh, unjust, or unreasonable? Please ask yourself the following to determine whether this was the case.
  • Was there a valid reason for dismissal related to your capacity or conduct?
  • Were you notified of a reason and given an opportunity to respond?
  • Did your employer refuse to allow you to have a support person (such as a lawyer), assisting in any discussion relating to your dismissal?
  • If your dismissal was related to unsatisfactory performance, were you warned of this before the dismissal?
You are eligible to apply for unfair dismissal if you have completed the minimum employment period.  This is one year for a small business and six months when the business is larger. In addition, either an award must cover you, an enterprise agreement must apply to you, and your annual earnings must be less than the high income threshold.

Unlawful dismissal

Unlawful dismissal includes being dismissed for the following reasons: your race, colour, sex, sexual preference, age, disability, family responsibilities, religion, political opinion, illness, union membership, participation in union activities, maternity or parental leave, or filing a complaint against the employer.

If you believe you have experienced unlawful dismissal, please contact Glenn Duker, lawyer, or the Fair Work Ombudsman.

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