Unfair Dismissal Lawyer Melbourne

Unfair Dismissals & Employment Disputes | Sexual Harassment Legal Advice & Assistance

Unfair Dismissals & Employment Disputes

For Employers
The law classifies 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, therefore the pathway to dismissing 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, call our experienced Unfair Dismissal Lawyers for a confidential chat.
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 way you were dismissed was unfair, or the termination payment was unsatisfactory, we are able to help.
We can assist you to negotiate a better termination payment, and/or sue your Employer to force them to act appropriately and pay you your full entitlements.

There are many rules and regulations which an Employer must adhere to in order to dismiss an employee. If the Employer has not complied with all the necessary steps, such as written formal warnings, the Employer may not be able to dismiss you until it complies with the law.
If you think you are the subject of wrongful termination, you need to make sure you preserve all your legal rights. You must notify your employer and lodge a claim with Fair Work Australia 21 days from the date of your termination.

Contact our Unfair Dismissal Lawyers to have a completely confidential chat before you do anything. We can help you to lodge the necessary notifications and claims. If your Employer does not act appropriately, we can take the matter to the Fair Work Commission and on to court if necessary to fight for your rights. Ask us about wrongful termination lawyer cost and disbursement charges.

Employment Contracts and Disputes
Employment Law

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 CKL Lawyers we have experienced Employment 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. they are becoming increasingly aware of their obligations and the consequences of their staff misbehaving.
With the number of successful court cases increasing, victims of sexual harassment in the workplace now have an avenue to vindicate their rights. 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.

Call our Employment Lawyers to talk confidentially about your rights

Unfair Dismissal & Sexual Harassment FAQs

Q. What is Unfair Dismissal?
Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner, or where the employer states that the termination of employment is due to redundancy, if it was not a genuine redundancy.
Q. Can I be fired from my job without warning?

Unfortunately, as much as managers might think (or hope) underperforming or misbehaving employees can be fired on the spot, the law does not normally allow such immediate decisions to be made. Australian employment law provides a number of protections for employees from unfair or unlawful dismissals.

Q. Can I get my job back if I have been unfairly dismissed?
All claims of unfair dismissal must be filed with the Fair Work Commission within 21 days of the termination of employment.

If the Fair Work Commission decides that you were unfairly dismissed they may order the employer to reinstate you to the same or an equivalent position.

Our experienced Unfair Dismissal Lawyers in Melbourne can guide you through the process. Call us for a confidential chat.

Q. What is unfair dismissal?

If you have been terminated from your employment, you may be able to make a claim for compensation, or reinstatement of your position through an Unfair Dismissal Application.

The Fair Work Act and state based legislation set out criteria for who can make an unfair dismissal claim. It also states what things are considered in deciding when a dismissal is considered to be “harsh, unjust or unreasonable.” 

Q. Can I make an Unfair Dismissal claim?

These are some of the situations where a claim might be successful:

  • If you have been dismissed from your employment based on allegations about your conduct, which were false or incorrect
  • If you have been dismissed for poor performance, but were not given clear warnings, or the opportunities to improve your performance
  • If you were dismissed due to an injury, or illness, which you were still recovering from
  • If you have been forced to resign by the conduct of your employer
  • If your employment was terminated for redundancy but your exact position has now been given to another person
  • If you have been dismissed and not given a clear reason by your employer, or without being given a fair chance to respond to the reasons for dismissal
Q. Why can’t I claim for unfair dismissal?

You may not be eligible to make a claim if:

  • You were employed by an employer for less than six months
  • You were on probation at the time of dismissal
  • You were a casual or seasonal employee
  • You were employed by a State Government in certain Australian states
  • You were a contractor or labour hire employee
  • Your employment was not covered by an award or enterprise agreement, and you earn more than the “Unfair Dismissal High Income Threshold” – Our Unfair Dismissal Lawyers can advise what is the threshold.
  • Your Employer made your position genuinely redundant and complied with any consultation requirements
  • Your employer was a small business which complied with the Small Business Fair Dismissal Code

 You can ask our Unfair Dismissal Lawyer in Melbourne for a confidential chat.

Q. Am I responsible for my employee if he/she behaved inappropriately?

Another employee is claiming that they are the victim of sexual harassment. As the Employer, will I be held liable for my employee’s behaviour?

Claims of sexual harassment are always very complicated as there are two sides to every story. It is important to take the claims seriously as there can be consequences for both the Employee and Employer if the victim makes a claim.

You are not able to simply fire the alleged offender. Due process must be done in order to protect all parties from litigation, and remedy the situation.

 Call CKL Lawyers for a confidential chat, and get the best advice from an Unfair Dismissal Lawyer Melbourne has to offer.

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