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.
If you feel like you have been unfairly dismissed Anderson Gray Lawyers can assess whether you can make a claim and give you the advice and expertise you need.
Do I have a valid claim?
We can help you determine whether you have a valid claim for unfair dismissal. We’ve worked with hundreds of employees in Melbourne and throughout Victoria who believe that they have been unfairly dismissed. So that we can review your situation and work out if you have a valid claim before a claim is commenced, please contact us and tell us your story. As part of this process we will listen to your story to identify key information that will affect your eligibility for to commence a claim for unfair dismissal.
- if your workplace has greater than 15 employees, you must have done 6 months’ continuous work with your employer to be eligible to file a claim;
- if your workplace has fewer than 15 employees, you must have completed at least 12 months’ continuous work with your employer to be eligible to file a claim.
We will carefully review the details of your matter before deciding whether you should make a claim for unfair dismissal. If you don’t have a claim you’ll know before wasting any time or money.
Even if your situation doesn’t fit the requirements for an unfair dismissal claim, you may still be able to file a claim against your employer. If the boss fired you because you made a complaint about your workplace environment or entitlements for example, then you should contact us, because you may still have a right to commence an alternative claim (for example) such as an Adverse Action claim.
If I do have a genuine claim what happens next?
In Victoria, unfair dismissal proceedings are commenced by completing a Form F2, Application for Unfair Dismissal Remedy with the Fair Work Commission. An Anderson Gray lawyer will prepare this application for you. In Victoria, public sector employees are treated a little differently than they are in other States and so you if you are a public sector employee in Victoria and you think you’ve been unfairly dismissed, then you ought to Contact ought Melbourne Office to tell us your story.
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 critical factors to consider – they are:
- whether your employer followed the right rules and procedures when dismissing you; and
- whether, considering all the details of the case, it was fair to dismiss you from work. In other words – did the employer rely on a ‘valid reason’ to fire you?
If you have a valid claim for unfair dismissal and good prospects for success, we will work for you on a no win, no fee basis. Regardless of whether you live in Melbourne or in regional Victoria, we can easily represent you as face to face meetings are rarely required to work through these matters.
It is very important to note that you only have 21 days from the date of dismissal to file an application for Unfair Dismissal. So, please act promptly if you want to challenge the fairness of the decision to dismiss you from work.
What does the Fair Work Commission consider?
The facts of each unfair dismissal case can vary greatly but there are ‘broad categories’ of workplace incidents that have been previously been considered in the Fair Work Commission – for example:
- poor performance – not meeting performance indicators set by the employer
- fighting in the workplace
- being drunk at work
- not following a health and safety directive
- not following the employer’s policy
However, just because your employer alleges you have engaged in certain behaviour, doesn’t mean that you can’t still pursue your case. This is illustrated in a leading case on the area that dealt with fighting in the workplace and applies to workers in Melbourne/Victoria.
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.
No case should be judged without considering all of the facts and circumstances involved.
Don’t delay, talk to us now
At Anderson Gray Lawyers, we are happy to spend time listening to your story to understand how your dismissal happened. 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.