Unfair Dismissal Expert Brisbane

Any time you consider legal proceedings about Unfair Dismissal, it’s always a good idea to speak to a lawyer first.

We can explain the process to you and give you our thoughts on whether your case meets the minimum requirements, and if it does what your prospects of success might be if your case goes all the way to a contested hearing.

Speak to Queensland Workplace Law today!

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What our Clients say

“The industry I work in is tough, it was good to speak to someone who understood my day-to-day work challenges. My boss told me that I wasn’t entitled to overtime or annual leave. I didn’t have any reason to doubt him. It wasn’t until I spoke with Hunter and he helped me understand the Award which applied to my job and the entitlement, including overtime, that I ought to have been getting paid.” – Percy

Unfair Dismissal

If you wish to lodge an Unfair Dismissal claim you must take action within 21 days from the date of dismissal.

Call us for a no-obligation, free 15 minute consultation – or scroll down for four things you need to know about Unfair Dismissal. 

unfair dismissal

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4 Things You Really Need to Know about Unfair Dismissal

How long do I have to lodge an Unfair Dismissal claim?

Have you’ve been dismissed and are considering what your options are its critical that you obtain advice and take action within 21 days of your dismissal taking effect. Dismissal includes:

  • Where you have been given notice of termination by your employer;
  • Where your felt you were given no choice but to resign because of your employers’ conduct;
  • Where you were made redundant but you suspect it wasn’t a genuine redundancy because someone is doing the job your previously did.

If you decide that you would like to make an unfair dismissal application 21 days after your dismissal took effect it is unlikely that the Fair Work Commission will consider it unless there are “exceptional circumstances.”

Are you fearful of speaking to a lawyer because you’ve heard it may cost a lot of money don’t delay, call us today because your first phone call to us is free.

You will speak with an experienced and expert lawyer who will give you accurate advice up front. There’s no obligation to speak with us again if you don’t want to.

Can I make an unfair dismissal application? Am I a person protected from unfair dismissal?

The Fair Work Act provides examples of persons who are protected from unfair dismissal, and a person who isn’t protected from unfair dismissal.

Employees who are not protected from unfair dismissal include the following:

  • Dismissals that are consistent with the small business code of conduct;
  • Redundancies that are genuine;
  • Resignation that was not caused by the employer or employers conduct;
  • Employees whose annual rate of earnings is not more than the high threshold ($142,000) unless that employee is covered by a modern award or Enterprise Agreement.

What is a constructive dismissal?

Circumstances arise where an employee is forced to resign because of something done, or not done, by their employer and because of this they are left with no “reasonable choice” but to leave that job. Constructive dismissal includes a threat that unless an employee resigns.

What about my employment contract?

An employee’s rights and an employer’s obligations that appear in an employment contract are legally enforceable. If you are negotiating the terms of an employment contract our advice is that you speak with us.

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