Losing your job is one of the most stressful life changes that you can go through! Your job is a valuable thing… It enables you to put food on the table, pay the bills and keep a roof over your head! If you have recently lost your job, you may have wondered whether you were dismissed unfairly. In Australia, there are Unfair Dismissal Laws which protect employees from unfair dismissal. In some cases, employees may be entitled to make an unfair dismissal claim. Not all situations where an employee is fired is considered unfair dismissal. If you are uncertain as to whether your termination would be considered unfair, contact a Lawyer such as Cairns Employment and Workplace Lawyers. We have a thorough knowledge of Employment Law and have been helping employees in Cairns for years now. Our goal is to protect the legal rights of employees and protect them from unfair dismissal.
Here are a few situations where you would NOT be be entitled to make an Unfair Dismissal claim:
You left it too late!
There is a strict 21 day time limit to make an unfair dismissal claim to the Fair Work Commission. In saying this, sometimes The Fair Work Commission will use some discretion in permitting out of time applications through.
It wasn’t a dismissal
If you resigned from your position, you cannot claim for unfair dismissal unless you can show that you were forced to quit as a result of your employers conduct. The Law states that a dismissal must be harsh, unjust or unreasonable to be considered unfair.
You haven’t been employed long enough
- If you have been working for a big business, you need to have been employed for at least 6 months to be able to make a claim.
- If you are employed by a small business, you need to have been there at least 12 months to make a claim.
Earning more than the high income threshold
If you are earning more than the high income threshold you are not eligible to make an unfair dismissal claim. The high income threshold is currently $142,000 (as at 1 July 2017) but changes on 1 July each year.
The Fair Work Commission will also consider a number of other factors in deciding if the dismissal was unfair. If you think that you may be been dismissed unfairly, it is always best to seek legal advice from a Lawyer. Contact Cairns Employment and Workplace Lawyers to arrange a free 30 minute legal consultation to help you decide whether you should make an unfair dismissal claim.
Cairns Employment and Workplace Lawyers
1/15 Spence St, Cairns City QLD 4870