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Wrongful termination, also known as unlawful termination or unfair dismissal, refers to when an employee's dismissal from their job is deemed to be harsh, unjust, or unreasonable. In Sydney, Australia, wrongful termination law is part of the Fair Work Act 2009 and offers protection to employees from being unjustly let go from their employment.
You may need a lawyer if you believe you have been wrongfully terminated and this has led to financial loss or emotional distress. Potential situations could include being fired due to discrimination, in retaliation for reporting misconduct (whistleblowing), or without due process, such as without receiving an appropriate warning or without legitimate reason. A lawyer with experience in employment law can provide valuable advice and representation to help you navigate the complex legal process and ensure your rights are protected.
Under the Fair Work Act 2009, an employee is deemed to have been unfairly dismissed if the Fair Work Commission finds that they were fired unfairly, without reasonable cause or in an unreasonable manner. The employee must have been dismissed within 21 days of the dismissal coming into effect. Unfair dismissal claims must be made within 21 days of termination. Employees must also meet certain eligibility criteria, such as being employed at the business for a minimum period and being covered under national workplace laws.
1. Who is eligible to make a wrongful termination claim?
Generally, you must have been an employee, not an independent contractor, and you must meet the minimum employment period which is one year for businesses with fewer than 15 employees, or 6 months otherwise.
2. Does wrongful termination only relate to being fired?
No, it can also relate to constructive dismissal where an employee felt forced to resign due to the conduct of the employer.
3. What can I expect to get if my case is successful?
Compensation, reinstatement or both can be ordered by the Fair Work Commission if a wrongful termination case is successful.
4. Can I make a claim if my employer made me redundant?
Yes, if you believe the redundancy was not genuine, for example, in cases where your job is being done by someone else or the correct protocol wasn't followed.
5. How can I proceed with my claim?
Starting a wrongful termination claim typically involves submitting an application to the Fair Work Commission. It is recommended to seek thorough legal advice before proceeding.
Key resources include the Fair Work Commission and the Safe Work Australia website, which offer valuable information about your rights and obligations. Also, many advocacy organizations and community legal centres offer free or low-cost advice, such as JobWatch or the National Association of Community Legal Centres.
If you need legal assistance, you should contact a legal professional who has expertise in employment law straight away due to the time limits on making claims. Prepare as much detail about your case as you can, including any relevant documentation such as contracts, correspondence, and any information that could help your case.
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