The key claims are:
We are able to provide assistance in all claims concerning termination.
Contact us for a free initial assessment.
An unfair dismissal claim is the most well-known action arising from the termination of employment.
Most unfair dismissal claims are brought in the Fair Work Commission. For some workers, such as those employed in the public sector or by local councils, the unfair dismissal claims are brought in state Industrial Relations Commissions.
Unfair dismissals are a specific kind of claim that are generally quick and informal. In many instances, the matters legal representation increases costs without commensurate benefit.
Unfair dismissal claims are useful for people who have been harshly treated and who are often unable to recover sufficient compensation to meet bills and living expenses until other work can be found. While reinstatement is a potential remedy, most claims resolve for payments in the range of $7,000.00 to $20,000.00.
Most claims settle for payment of money at a conciliation stage. In the event matters run to hearing, the remedy will be either reinstatement (which is very uncommon), or payment of compensation of up to 26 weeks pay.
Not all employees are entitled to bring an unfair dismissal claim. Under the Fair work Act provisions, employees may bring a claim if they:
The Fair Work Act provides that a dismissal is unfair if it is “harsh, unjust or unreasonable”. In practice, the primary focus of the Commission is to determine whether or not there was a ‘valid reason’ for the termination.
The process for an unfair dismissal claim generally involves:
David Taylor from Segelov Taylor Lawyer speaks about when you would be eligible for an unfair dismissal claim in an employment setting.
We offer a free initial case assessment in all matters.
We will obtain preliminary information from you and provide some indicative advice as to:
The case assessment may be by phone, via video conference (such as Zoom or Teams) or in person. There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.
To arrange your free case assessment please complete the form below or contact us by phone or email.