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If your employment has been terminated you may have a claim against your former employer. Everyone’s situation is unique and there may be a number of legal avenues available to you. At Advice Line Lawyers we will discuss your specific circumstances and provide you with advice on your legal options.
For information on some of your options, click on the links below:
Unfair Dismissal
A dismissed employee may make an unfair dismissal claim if the dismissal was harsh, unjust or unreasonable. An unfair dismissal claim is made in the Australian Industrial Relations Commission (AIRC).
Some employees cannot make unfair dismissal claims. For example, if you worked for an employer with less than 100 employees or if you were dismissed while on probation, you will not be able to make a claim.
If you want to make an unfair dismissal claim your application to the ARIC must be made within 21 days of when you were notified of the dismissal.
More detailed information on unfair dismissals can be found in our Good Law Guide.
The Employment and Industrial Relations team at Advice Line Lawyers can provide you with advice on whether you have an unfair dismissal claim and we can represent you in the AIRC proceedings. You can contact us on 9321 9988.
Unlawful Dismissal
A dismissed employee can make an unlawful dismissal claim if he or she was dismissed for an unlawful reason. Unlawful reasons for dismissal include age, gender, union membership or temporary absence from work due to illness.
All employees are protected from being unlawfully dismissed.
If you want to make an unlawful dismissal claim your application to the ARIC must be made within 21 days of when you were notified of the dismissal.
More detailed information on unlawful dismissals can be found in our Good Law Guide. [link to GLG]
The Employment and Industrial Relations team at Advice Line Lawyers can provide you with advice on whether you have an unlawful dismissal claim and we can represent you in the proceedings. You can contact us on 9321 9988.
Breach of Contract
The termination of your employment must be in accordance with your contract of employment. For example, your contract might require a particular procedure be followed before the contract can be terminated or the period of notice your employer is required to provide.
In some circumstances the law will imply a reasonable notice term into a contract. For senior employees reasonable notice can be more generous that the minimum statutory notice of up to 5 weeks’.
Your contract may also stipulate whether any payments made on termination are made on your base salary or full package.
Advice Line Lawyers can provide you with advice on the terms of your contract, what action you can take if the contract has been breached and represent you if court proceedings are issued. You can contact us on 9321 9988.
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