Expert Unfair Dismissal Lawyers in Sydney
Protect Your Employment Rights
Have you been unfairly dismissed from your job in New South Wales? At Corestone Lawyers, our team of expert unfair dismissal lawyers in Sydney is here to help. With years of experience in employment law and unfair dismissal claims, we specialise in protecting the rights of employees who have been unjustly terminated from their positions.
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Understanding Unfair Dismissal in NSW
Unfair dismissal occurs when an employee is dismissed in a manner that is harsh, unjust, or unreasonable. In New South Wales, the Fair Work Act 2009 (Cth) protects eligible employees against unfair dismissal. However, navigating the complexities of employment law can be challenging, which is why it’s crucial to seek expert legal advice from a specialist employment lawyer as soon as you suspect you’ve been unfairly dismissed.
Key Aspects of Unfair Dismissal Claims
Eligibility to Make a Claim
Not all employees are eligible to claim unfair dismissal. To be eligible, you must:
- Have completed the minimum employment period (6 months for businesses with 15 or more employees, or 12 months for small businesses with less than 15 employees).
- Earn below the high-income threshold (unless covered by an award or enterprise agreement).
- Be employed permanently or as a regular casual employee.
Our unfair dismissal lawyers in Sydney can help determine if you’re eligible to make a claim and guide you through the process.
Time Limits
Strict time limits apply to unfair dismissal claims. You must apply for an unfair dismissal remedy with the Fair Work Commission within 21 days from the date your dismissal takes effect. Missing this deadline can make you ineligible for compensation, so it’s crucial to seek legal advice as soon as possible after being dismissed. In exceptional circumstances, the Fair Work Commission may allow an extension, but it’s best not to rely on this possibility.
Valid Reasons for Dismissal
Employers must have a valid reason for terminating an employee’s employment. This reason should be related to the employee’s capacity, conduct, or the operational requirements of the business. If there is no valid reason, or if the dismissal process was unfair, you may have grounds for an unfair dismissal claim. Our employment law team can assess your situation and advise on the strength of your case.
Procedural Fairness
Even if there is a valid reason for dismissal, the employer must follow a fair process. This includes:
- Providing the employee with an opportunity to respond to allegations.
- Allowing the employee to have a support person present during discussions about their employment.
- Giving warnings or opportunities to improve performance (in cases of poor performance).
- If an employee is dismissed without proper procedural fairness, they may have grounds for an unfair dismissal claim.
Constructive Dismissal
In some cases, an employee may be forced to resign due to the conduct of their employer. This is known as constructive dismissal and can also be grounds for an unfair dismissal claim. If you believe you’ve been forced to resign, get in touch with our unfair dismissal lawyers in Sydney for expert advice.
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The Unfair Dismissal Claim Process
1
Initial Consultation:
Contact Corestone Lawyers to schedule a fixed-fee consultation with one of our expert employment lawyers. We’ll assess your case and advise you on the best course of action.
2
Lodging the Claim:
If you decide to proceed, we’ll help you file an application for unfair dismissal remedy with the Fair Work Commission within the 21-day time limit.
3
Conciliation:
The Fair Work Commission will typically arrange a conciliation conference between you and your former employer. Our lawyers will represent you during this process, aiming to negotiate a favourable settlement.
4
Hearing:
If conciliation is unsuccessful, your case may proceed to a formal hearing. Our experienced lawyers will present your case before the Fair Work Commission, arguing on your behalf.
5
Outcome:
The Fair Work Commission will decide on your case. If successful, you may be awarded compensation or reinstatement to your former position.
5
Small Business Fair Dismissal Code:
It’s important to note that small businesses with less than 15 employees are subject to the Small Business Fair Dismissal Code. This code provides a simplified dismissal process for small businesses. However, even if your employer follows this code, you may still have grounds for an unfair dismissal claim if the dismissal was harsh, unjust, or unreasonable.
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Why Choose Corestone Lawyers for Your Unfair Dismissal Claim?
At Corestone Lawyers, we understand the emotional and financial impact of losing your job. Our team of expert employment lawyers in Sydney specialises in unfair dismissal and adverse action claims. Here’s why you should choose us:
- Expertise in Employment Law: Our lawyers have extensive experience in employment law and unfair dismissal proceedings. We stay up-to-date with the latest changes in legislation and Fair Work Commission decisions to provide you with the most accurate and effective legal advice.
- Personalised Approach: We recognise that every unfair dismissal case is unique. Our lawyers take the time to understand your specific situation and tailor our legal strategy to achieve the best possible outcome for you.
- Strong Track Record: Corestone Lawyers has a proven track record of successful outcomes for employees in unfair dismissal cases. We have helped numerous clients in Sydney and across New South Wales to receive compensation or reinstatement after being unfairly dismissed.
- Timely Action: Given the strict 21-day time limit for filing an unfair dismissal application, we act quickly to ensure your claim is lodged within the required timeframe. Our efficient processes help you avoid missing critical deadlines.
Frequently Asked Questions
What should I do if I've been unfairly dismissed from work?
If you believe you’ve been unfairly dismissed from work, it’s crucial to act quickly. The first step is to seek legal advice as soon as you believe you’ve been wrongfully terminated. At Corestone Lawyers, we’re here to help you understand your rights and guide you through the process of filing an unfair dismissal claim.
How long do I have to file an unfair dismissal claim?
Fair Work Commission applications must be made within 21 days from the date of dismissal. This strict timeline means you need to act promptly if you want to bring an unfair dismissal claim. Our experienced lawyers based in Sydney can help you meet this crucial deadline.
Who is eligible to make an unfair dismissal claim?
To be eligible to make a claim for unfair dismissal, you generally need to have worked for your employer for at least 6 months, or 12 months if your employer has fewer than 15 employees. Additionally, your annual earnings should be below the high income threshold, unless you’re covered by an award or enterprise agreement.
Do I need a lawyer to file an unfair dismissal with the Fair Work Commission?
While it’s not mandatory, having a business and commercial lawyer can significantly improve your chances of a favourable outcome. Unfair dismissal laws can be complex, and employers often have legal representation. Our experienced unfair dismissal lawyers in Sydney can help you navigate the process and present a strong case.
What constitutes a valid reason for dismissal?
A valid reason for the dismissal should relate to the employee’s capacity, conduct, or the operational requirements of the business. If you’ve been dismissed from your employment without a valid reason, you may have grounds for an unfair dismissal claim. Our employment law team can assess whether your dismissal was justified under the Fair Work Act 2009 (Cth).
What is the difference between unfair dismissal vs. constructive dismissal?
Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable manner. Constructive dismissal, on the other hand, is when an employee is forced to resign due to the employer’s conduct. Both can be grounds for a claim, but the legal approach may differ.
How does the Fair Work Commission handle unfair dismissal claims?
The Fair Work Commission’s process typically involves a conciliation stage where employers and employees attempt to resolve the dispute. If this fails, the case may proceed to a formal hearing. Our unfair dismissal lawyers in Sydney can represent you throughout this process.
What if I've been dismissed due to allegations of misconduct?
Even if there are allegations of misconduct, certain procedures need to be satisfied. The employer should provide you with an opportunity to respond to the allegations before the termination takes effect. If this process wasn’t followed, you might have grounds for an unfair dismissal claim.
Can I claim that I've worked for less than 6 months?
Generally, if you’ve worked for less than 6 months (or 12 months for small businesses), you’re not eligible to make an unfair dismissal claim. However, there may be other legal options available, such as general protections or discrimination claims. We can help you understand your options under industrial relations laws.
What compensation can I receive if my unfair dismissal claim is successful?
If your claim is successful, you may be reinstated to your job or awarded compensation. The maximum compensation is typically capped at 26 weeks’ pay. Our experienced unfair dismissal lawyers in Sydney can help you seek the best possible outcome for your situation.
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