SWIMMING, NOT DROWNING?
SWIMMING, NOT DROWNING?Being unfairly dismissed can have a catastrophic impact upon your life and that of your loved ones! Reach out to us sooner rather than later, as strict time limits apply.
Every year almost 15,000 unfair dismissal applications are lodged
If you have been dismissed from work, and you believe that it was unfair, then please contact us so we can help you determine if you have a claim and (if appropriate) help you through the process.
Do I have a claim?
Before filing an application, we need to identify whether you are eligible for a claim. For example:
- if your employer employs 15 or more employees, then you must have completed at least 6 months’ continuous work with your employer before you are eligible to commence a claim;
- if your employer employs fewer than 15 employees, then you must have completed at least 12 months’ continuous work with your employer before you are eligible to commence a claim.
We need to consider carefully the details of your matter before deciding whether you should commence a claim for unfair dismissal.
Even if you don’t meet the requirements for an unfair dismissal claim, you may still be able to take action against your employer. For example, if you were fired because you made a complaint about your workplace environment or entitlements, then you should contact us, because we may still be able to help you out with an Adverse Action claim.
If I’m eligible to make a claim what happens next?
Wherever you work across Australia, most unfair dismissal proceedings are commenced by filing a Form F2, Application for Unfair Dismissal Remedy with the Fair Work Commission. If appropriate, we will prepare this for you. It is important to note that for same public sector employees across Australia, an unfair dismissal application needs to be filed in the industrial relations commission in the State where you reside or perform the majority of your work
Once we have established that you are eligible to commence an application the next step is to work on the strength of your claim. There are two important points to work on – they are:
- whether the employer used the right procedure to dismiss you from work; and
- whether, in all of the circumstances, it was fair to dismiss you from work. Put another way, the question becomes – did the employer rely on a ‘valid reason’ to dismiss you from work?
If we believe that you have a genuine and legitimate claim for unfair dismissal, then we’ll be happy to act for you on a no win, no fee basis.
It is very important to note that an employee only has 21 days from the date of dismissal to commence an Application for Unfair Dismissal Remedy. So, you need to act quickly if you wish to challenge the fairness of the decision to dismiss you from work.
What does the Fair Work Commission consider?
As you might imagine, the facts of each unfair dismissal case are different but there are ‘broad categories’ of workplace events that have been considered in the Fair Work Commission – for example:
- poor performance – not meeting performance indicators set by the employer
- fighting in the workplace
- intoxication at work
- breaching a health and safety directive
- a breach of the employer’s policy
However, just because an employee is alleged to have engaged in certain behaviour, doesn’t mean that the case is not one worth pursuing. Here’s a case example.
One of the leading cases involves fighting in the workplace. In AWU-FIME Amalgamated Union v Queensland Alumina Ltd we see that the Commission identified that fighting at work does not necessarily give an employer an automatic right to dismiss an employee from their job. Other circumstances need to be considered. The Commission said:
The extenuating circumstances may, and often do, concern the circumstances in which the fight occurred as well as other considerations such as the length of service of the employee, including their work record, and whether he or she was in a supervisory position. As to the circumstances of the fight, relevant considerations include whether the dismissed employee was provoked and whether he or she was acting in self-defence.
In our view, no case should be judged without considering all of the facts and circumstances relating to the matter.
Don’t delay, talk to us now
At Anderson Gray Lawyers, we are happy to spend time hearing about all the matters affecting your dismissal from employment. If we think you have a genuine and legitimate claim, then we’ll be happy to help you out on a no win, no fee basis.
Ready to tell us your story? Complete our free claim assessment form or contact us now.
WHAT OUR CLIENTS SAY
“I’d like to thank you for taking on my case. It was a situation I never thought I would find myself in and I was very emotional throughout the process…” – T.B. (April 2017)
“Thanks again for a good result! Your ability to remain calm and professional in this very uncomfortable situation is much appreciated…” – A.A. (August 2017)
“I want to say thank you for your help and support during the case. I very much appreciate what you did and in some way I had the feeling of going back to my normal life…” – M.C. (May 2017)