Unfair Dismissals & Sexual Harassment

Unfair Dismissals & Sexual Harassment

Unfair Dismissal

For Employers:

The law differentiates businesses by size and applies different obligations and rights to each classification. If you are classified as a “small business” you do not need to comply with as many of the obligations as a large business, the pathway to dismiss an employee is less restrictive.

If you plan to dismiss an employee and would like to know what you must do to ensure the dismissal is fair, please do not hesitate to contact our experienced Employment Lawyers on +61 3 9500 1722.

Getting the process right at the outset will ensure you are not challenged by a disgruntled former employee and that you have calculated the correct final pay entitlements under the law.

For Employees:

If you have been dismissed from your position and believe that the method of dismissal was unfair or the termination payment was unsatisfactory, we are able to help negotiate a better termination payment and/or litigate to force the employer to act appropriately and pay you your full entitlements.

There are many rules and regulations which dictate what an Employer must do in order to dismiss an employee. If the Employer has not complied with all the necessary steps such as written formal warnings, it may not dismiss you until it complies with the law.

If you think you have been unfairly dismissed, in order to preserve all your legal rights, you must notify your employer and lodge a claim with Fair Work Australia within 14 days after the dismissal takes effect. We are able to assist you to lodge the necessary notifications and claim.

As time is of the essence, please do not hesitate to contact our experienced Employment & Litigation Lawyers on 9500 1722 for a confidential discussion of your rights.

Sexual Harassment

For Employers:

If it appears that one of your employees has sexually harassed or assaulted another employee and a claim is being made against your company, you will need to take this claim seriously. Damages awarded by the courts are increasing in value and you could be faced with a sizable damages claim.

As with any area of law, there are certain timeframes for lodging claims and responding to claims. Missing a deadline will not result in the case going away or being forgotten about, it will only lead to a reduction of your rights within the court process.

At Cyngler Kaye Levy Lawyers we have experienced Employment & Litigation Lawyers who take all claims seriously and will be able to advise you of your rights and obligations.

Please do not hesitate to contact us for a confidential assessment of your situation and advice as to how to defend the claim.

For Employees:

Employers are paying far more attention to the issue of sexual harassment within the workplace than ever before.

With the number of successful court cases increasing, victim of sexual harassment in the workplace now have an avenue to vindicate their rights. Employers are becoming increasingly more aware of their obligations and the consequences of their staff misbehaving.

We have assisted many clients over the years in successful sexual harassment claims through the courts involving both financial settlements and rectification of the workplace environment.

If you think you are the victim of sexual harassment or sexual assault by a colleague or employer, you are required by law to notify your Employer within certain timeframes to preserve your rights.

Please do not hesitate to talk confidentially to our experienced Employment & Litigation Lawyers immediately on 03 9500 1722 about your rights

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