Unfair termination is also known as unfair dismissal. An employee is unfairly terminated when they are dismissed from their job in a harsh, unjust or unreasonable manner. An employment lawyer is a legal professional who specialises in employment law. They possess the necessary knowledge and skills to provide legal advice to people who have been terminated unfairly.
In this article, Farrah Motley, Director at Prosper Law, explains three ways an employment lawyer can help employees who have been unfairly dismissed. Farrah is a qualified Australian lawyer with over ten years experience in employment law.
All unfair claim cases are unique and often complex. There is no ‘one size fits’ all rule to decide if a dismissal was harsh, unjust or unreasonable. You can apply for an unfair dismissal claim in Australia with Fair Work Commission. However, instead of directly going to the Commission to make a claim for unfair dismissal, it is a good idea to consult an employment lawyer and have them evaluate your case.
An unfair dismissal attorney can provide an objective evaluation of the strengths and weaknesses of your case. They have the expertise to analyse the relevant laws, regulations, and legal precedents to determine the viability of your claim. Based on the evaluation, an attorney can provide you with a clear understanding of your rights. And whether your claim will be considered unfair or not by Fair Work Commission.
Employment lawyers then talk you through your legal options, claims and recommend a course of action that is most suited to your unfair dismissal claim. They will explain the valid reason required to establish a strong unlawful termination claim and advise you on the likelihood of success.
Employers pay severance so that they never have to worry about an employee ever again. Severance eliminates the possibility of legal action against employers, especially for things like discrimination, unpaid wages, or wrongful termination.
It’s important to approach severance negotiations with careful consideration. Because the outcome will generally be final and binding. Once the negotiation is concluded and the severance agreement is signed, it is challenging to renegotiate or make changes to the agreed terms. This is why it’s best to hire a lawyer to negotiate on your behalf.
Lawyers for unfair dismissal can assess your existing employment contract, the Fair Work Act, and applicable Modern Award to determine the severance benefits you are eligible for. They can carefully review the circumstances surrounding your termination. Moreover. they can evaluate the fairness of the severance offer initially presented by your employer. This may involve analysing the facts regarding your job agreement, employer policies and any relevant Modern Award or Enterprise Agreement.
If the initial severance offer falls short or does not align with your entitlements, a workplace lawyer can negotiate on your behalf. They will discuss with your employer or their legal team, aiming to secure more favourable compensation. With their expertise, they can act quickly to highlight any legal violations or potential claims you may have, emphasizing the potential risks and costs your employer could face if the matter proceeds to litigation.
In some cases, negotiations with your employer may not lead to a satisfactory outcome. If that occurs, an employment lawyer can guide you through the process of lodging a complaint with the Fair Work Commission. They can represent you during all the stages of the unfair dismissal process in Australia. The Fair Work Commission is Australia’s national workplace relations tribunal responsible for dealing with employment-related disputes, including unfair dismissal claims.
A wrongful termination lawyer can write an unfair dismissal application on your behalf. And advocate for your interests and present your case to the Commission. This involves preparing written submissions, organising and presenting evidence, and making persuasive arguments to support your claims. They will use their expertise in employment law and knowledge of relevant precedents to present a compelling case on your behalf.
Moreover, an employment lawyer can assist in conciliation conferences at the Fair Work Commission. They can discuss with your employer to explore potential resolutions and reach a mutually agreeable outcome. If a settlement is reached, your employment lawyer will help draft the settlement agreement to ensure your rights and interests are protected.
Experienced workplace lawyers may also be able to have your termination converted to a resignation and have a Statement of Service issued to you, which should place you in a better position to find new employment relationships.
Prosper Law is Australia’s online law firm. We provide legal advice to businesses and individuals across Australia. Our areas of legal practice include contracts, eCommerce, publishing, entertainment, legal counsel and employment law.
If you need to talk to an employment lawyer, get in touch today.
Contact the team at Prosper Law today to discuss how we can provide you with advice for a fixed fee or at affordable hourly rates.
Farrah Motley | Director
PROSPER LAW – Australia’s Online Law Firm
M: 1300 003 077
Like this article? Check out:
What is Unfair Dismissal? Your Australian Legal Guide
How can an unfair dismissal lawyer help?
6 Fair Reasons for Dismissal in Australia
For the Executive: What to do When You’ve Been Dismissed
Prosper Law provides employment legal advice to employees and employers. If you need an employment lawyer, contact us today on 1300 003 077 or send us an email at enquiry@prosperlaw.com.au
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