Employment relations will inevitably always come to an end either through retirement or dismissal. However, dismissals must always be certain to ensure a lawful termination and if you are a manager, to protect the business from potential future litigation. Bailiwick Legal supports and helps clients resolve their needs and achieving the final outcome.
We can help ensure you are compliant with legal requirements and meeting high standards for employees. We can also help resolve any disputes with past employees regarding termination and unfair / unlawful dismissals.
We handle all termination and unfair dismissal queries, for any questions regarding a potential or current dispute regarding termination, contact us today using the form below or calling us at 0893215451 .
We also assist in HR advice, employment training and investigation, workplace bullying and discrimination, workplace dispute resolution and contract drafting – you can seek information on these services on a main Bailiwick Workplace page.
Our offices are open 9am – 5:30pm
Monday – Friday.
The Fair Work Act 2009 (Cth) states that a “harsh, unjust or unreasonable” termination based on certain factors would be deemed as unfair dismissal.
Some examples of situations where a termination would be deemed to be an unfair dismissal would be:
There are several other factors which can come under fair dismissal and it is vital to consult with a lawyer and seek legal advice to avoid being in a situation which may incur large legal costs.
Most employees will be able to claim for Unfair Dismissal, however, there are certain exceptions for employees which makes them ineligible:
There are several steps which an employer can take to minimise the likelihood of an unfair dismissal case from being successful and/or even being filed against in the first place.
An employer must ensure to stay on top of all State and Commonwealth legislation regarding termination to ensure a legal termination. Examples of this would be a manager taking upon themselves to contact a lawyer for legal advice or read up on legislation such as the Small Business Fair Dismissal Code which states the checklist needed to carry out a lawful termination for a small business.