Unfair Dismissal Solicitors – Employment Compensation Lawyers

 
Solicitors Helpline: ☎ 1800
 

The Fair Work Act 2009 (FWAct) is a collection of statutes applying to employment law that supersedes that legislation which formerly applied to states and territories, with some exceptions for local and state employees; it has been in effect since 2010. The FWAct encompasses a number of issues that relate to employment law and disputes that arise due to errant employers’ wrongful application of the law that leads to solicitors compensation claims by former employees for unfair dismissal. The good news for those employees whose solicitors compensation claims are successful is an increase of compensation levels. Additionally, all firms are now included; however, the minimum number of months employed to qualify for compensation claims are directly defined by a firm’s total number of employed personnel.   

 

FWA Criteria

Most employees within firms which employ 15 staff or more are protected against unfair dismissal according to law under the FWAct except those that have not met the minimum continuous service requirement of six months. That minimum continuous service requirement to qualify is extended up to 12 months in the case of firms that employ less than 15 personnel. In order to qualify for reinstatement and/or compensation damages utilising an unfair dismissal claim an applicant’s solicitor has to show that the termination was a dismissal and not a genuine redundancy and that the dismissal was ‘harsh, unjust, or unreasonable.’ Additionally, those cases where the firm or business has less than 15 personnel in their employ, the dismissal was not according to the Small Business Fair Dismissal Code.

 

Reinstatement or Compensation

Available remedies pursuant to the FWAct in compensation claims for unfair dismissal only include reinstatement and/or compensatory damages for an applicant who was protected, application was made within a 14-day period to the Fair Work Commission, and there was in fact an unfair dismissal.

 

Damages Criteria

Compensation awards for damages are only appropriate when reinstatement would not be possible or feasible by law; however, reinstatement is rarely considered, especially when the employer/employee relationship is tenuous or questionable. The FWC tribunal will examine effects on both the firm and the dismissed employee in considering amounts of compensatory damages it can order for successful claims. The following are issues that might be considered:

  • how an employer’s business viability will be effected by the award
  • an employee’s term of service for an employer (months or years)
  • an applicant’s remuneration
  • mitigations of loss by the employee since dismissal
  • the effects of other employment up to the date of the order
  • likely or possible income between the making of an order and the actual payment
  • other relevant issues
 

Specialist Employment Solicitors

Our unfair dismissal solicitors can handle employment compensation claims utilising a no win no fee basis when appropriate. For free legal advice without additional obligation just phone the helpline.

Solicitors Helpline: ☎ 1800
 
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