Employment
Managing unclear resignation discussions as an employer
When a staff member raises frustrations and suggests they may leave, even in what appears to be a casual conversation, it often falls to the business owner or manager to
Get the Compensation You Deserve
Unfair dismissal happens when employment is terminated in a way that is harsh, unjust or unreasonable.
To make an unfair dismissal claim, an employee must have been continuously employed for a minimum period of time and (in some cases) earn less than the high-income threshold. Workers employed for a specific task or under a fixed term contract, or those that have been subject to a genuine redundancy may be unable to claim unlawful dismissal.
There are other dismissal related criteria and our expert employment lawyers can guide you through employment law.
Our Brisbane unfair dismissal lawyers can help employees make a claim for unlawful dismissal and help employers defend a wrongful termination application. Strict time limits apply, and it is essential to seek expert legal advice to navigate the legal process.
Contact us for a free consultation
Prosper Law has helped businesses and workers across Australia.
Expert Knowledge
Our Brisbane unfair dismissal lawyers have a deep knowledge of wrongful termination law and are experienced in reaching sensible legal outcomes. This area of law can be complex, and our team are trained and experienced in dealing with many different scenarios involving an unfair dismissal case.
Understanding Advocate
We understand that it can be an emotional process when employment ends. We are empathetic, friendly and approachable lawyers that provide genuine support for our clients.
Proven Success
We have a high success rate that is measured by client satisfaction, negotiating compensation for employees and defending employers at minimum cost. Our lawyers provide honest assessments of unfair dismissal matters so that our clients have a reasonable expectation of the likely outcome of a case.
Our team of skilled workplace lawyers have experience representing clients in unfair dismissal cases.
We understand the complexities of employment law and can help you understand your options and legal rights. Whether you are an employee or an employer, we’re here to help.
Whether you have been unfairly dismissed, are facing a potential dismissal or simply want to better understand your rights as an employee, our unfair dismissal legal services can help.
Unfair dismissal claims are available to many Australian employees. Our lawyers review the employment contract, the Fair Work Act and any relevant Modern Award or Enterprise Agreement.
Our team of unfair dismissal lawyers will then assess whether there is a valid reason for the dismissal and provide guidance on the best way forward.
Our workplace lawyers can negotiate compensation for employees.
We are committed to providing our clients with a personalised service that meets their needs. We develop a solid understanding of our client’s specific circumstances so that we can strive for the best possible outcome.
We advise employers on the steps to take to minimise any claim that an employee has been unfairly dismissed. This may involve reviewing evidence, including CCTV footage, witness statements and any written warnings.
Even if there is no valid unfair dismissal claim, an employee may have a claim for adverse action or breach of contract.
Our workplace lawyers can negotiate compensation for employees and defend unfair dismissal claims for employers. Many employment disputes are resolved through a deed of release and settlement.
Our team of employment lawyers can draft, review and negotiate deeds of release and ex gratia payments.
Our experienced lawyers will organise an initial consultation. We will ask questions about the employer's business, the employment contract and when the unlawful dismissal happened. The consultation will help our unfair dismissal lawyers determine if an employee has been dismissed unfairly.
Once we have some basic information, we will consider whether the employee is eligible to make a claim and whether dismissal was harsh unjust or unreasonable. We will also assess whether the Small Business Fair Dismissal Code applies or if the employee is a Government employee.
An unfair dismissal claim must be filed within 21 days from when the wrongful termination occurred. Your employment lawyer will ensure this timeframe is met and file the appropriate documents with supporting evidence. We will manage this process on your behalf.
An unfair dismissal claim will usually be resolved at the initial conference. This process often involves a mediator. Both the employee and the employer will have a chance to put forward their legal arguments and negotiate financial compensation or other outcomes.
If the unfair dismissal claim is not resolved at the conference, there are further steps that can be taken.
Our team of lawyers come from different industry backgrounds, and all are experienced when it comes to unfair dismissal claims.
Meet our team of professional employment lawyers – you’ll be glad you did.
Book an initial consultation
Speak to an unfair dismissal lawyer by phoning us on 1300 003 077, emailing us at enquiry@prosperlaw.com.au or complete our contact form. We will immediately schedule a consultation with you and ask questions about the unfair dismissal claim.
Contact us for a free consultation
Yes. We offer a free 15 minute initial consultation. This time allows us to get a basic understanding of your case and let you know how we can help you. After the consultation, we may send you some follow up questions or respond with a fixed fee quote.
Dismissal of an employee may be considered unfair if:
In general, the maximum amount of compensation that can be awarded for unfair dismissal is 26 weeks of the employee’s annual salary.
The Fair Work Commission does not often grant extensions to the 21 day time limit on unfair dismissal applications. It is important for applications to be submitted on time (even if supporting information is provided later).
An extension may be granted if a worker suffers a serious illness, is hospitalised for that period, or some other compelling and genuinely unavoidable circumstance that meant the application was not lodged on time.
Our employment legal team will assess your legal matter and provide you with a fixed fee quote. Our quote will vary depending on the complexity of your matter and what legal advice you seek but usually range between $850 to $3,500 plus GST.
We recommend that you seek legal advice from experienced employment lawyers. Unfair dismissal is not just about the reason for the dismissal but can also apply if the process that was followed was incorrect.
Employees and employers are unable to contract out of the unfair dismissal regime. However, it is common for employees to pay a settlement amount in exchange for a worker foregoing some of their legal rights. This document is called a deed of release and settlement.
Yes. One of the options that may be open to employees that have been dismissed is to have their job reinstated. Sometimes this may not be the best option if there has been a breakdown in the employment relationship
A minimum employment period applies before a worker can make an unfair dismissal application. The minimum employment period is either six months or twelve months, depending on the circumstances. Our employment lawyers will confirm the minimum employment period that applies.
There are still avenues available for employees that have an income that is more than the high income threshold. In some cases, an unfair dismissal remedy may still be available to those employees.
A casual employee may be entitled to an unfair dismissal remedy if they are employed on a regular and systematic basis and have an expectation of ongoing employment. Contact our employment law team for advice on whether a casual employee meets the eligibility criteria.
Remember, not all workers that are classified as casual employees are legally considered to be casual.
A small business employer can still be served with an application for unfair dismissal. The Unfair Dismissal Small Business Code provides guidance for small business employers regarding unfair dismissal. If you are a small business or you are employed by a small business, contact our employment lawyers today.
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