If an employee has been unfairly dismissed, Andersons can assist in making an unfair dismissal application to Fair Work Australia (FWA). Some employees may be excluded from being able to lodge an unfair dismissal claim so it is important that you seek expert advice in relation to your specific circumstances and the grounds upon which you were dismissed from your employment.
At Andersons, our solicitors are experts on unfair dismissal applications both under Federal and State legislation. It is important to know that there are differences in the law depending on whether you are covered by the federal Fair Work Act 2009 or by the stateFair Work Act 1994 (SA).Our employment and industrial law solicitors will be able to advise you accurately in relation to this.
It is very important to be aware of the time limits that apply to the lodging of an Unfair Dismissal application.
Your Unfair Dismissal application must be filed within these time frames.
A termination of employment may be considered legally unfair if Fair Work Australia determines it was harsh, unjust or unreasonable. There are many factors to take into consideration when making this determination. Some of these may include:
If Fair Work Australia finds that the dismissal was harsh, unjust or unreasonable, the Tribunal may order that:
If you believe you have been unfairly dismissed, contact Andersons Solicitors on 8238 6666 and our team of employment and industrial law specialists can advise you about legal avenues including challenging the dismissal.