Expert Unfair Dismissal Lawyers Serving Eveleigh

Protect Your Employment Rights

Have you been unfairly dismissed from your job in New South Wales? At Corestone Lawyers, our team of experienced unfair dismissal lawyers is here to help. With years of experience in employment law and unfair dismissal claims in Eveleigh, 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:

Our unfair dismissal lawyers can help you in Eveleigh 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:

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 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 specialises in unfair dismissal and adverse action claims in Eveleigh. Here’s why you should choose us:

Frequently Asked Questions

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.

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 can help you meet this crucial deadline.

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.

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 can help you in Eveleigh navigate the process and present a strong case.

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).

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.

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 can represent you throughout this process.

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.

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.

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 can help you in Eveleigh seek the best possible outcome for your situation.