Why You Need A Lawyer To Deal With An Unfair Dismissal Claim?
Employment law is complex and the same holds true for unfair dismissal claims. It can be confusing to understand and deal with dismissal claims, especially when industrial laws come into the picture. Whether you are an employee or an employer, it is important to seek advice from a specialist lawyer immediately.
These are a few reasons why you should hire a lawyer to deal with your unfair dismissal claim:
Making unfair dismissal claims is a complicated process involving several laws and regulations. Unfair dismissal pertains to situations where an employer dismisses one of their employees in an unreasonable, harsh or unjust manner.
National and state laws deal with these situations. The problem is that each one of them has its own industrial and tribunal commission. The Fair Work Commission is the national workplace relations tribunal.
It can get difficult to understand which laws are relevant to your situation without having a background in employment law. Lawyers can help make you aware of your rights and obligations in unfair dismissal claims. There are specific rules laid down by individual tribunals that determine which situations qualify for an unfair dismissal claim.
Advice on Other Options
Generally, unfair dismissal claims cannot be made in situations where the dismissal was for a genuine reason. This usually involves the following:
- The organization experienced operations changes making the job position redundant
- The employer could not reasonably redeploy the dismissed worker in another business area
- The employer complied with all rules and obligations relating to enterprise agreement and modern award
Your lawyer can help you determine other options you may have. For instance, employees that are excluded from making unfair dismissal claims can still file for unlawful termination. This involves being dismissed on discriminatory grounds. Other legal options that your lawyer may explain in detail include:
- Breach of contract
- General protections disputes (national law)
- Equal opportunity or anti-discrimination
General protections disputes can be complicated as well since they cover both dismissal and non-dismissal disputes. Non-dismissal disputes may relate to freedom of association, discrimination, and the freedom to exercise workplace rights.
Information on Time Limits
Making unfair dismissal claims is governed by strict time limits. Working with a lawyer can help ensure that you remain within the stipulated time limits. Employees that are within the purview of national law or Fair Work Commission have 21 days to make a claim from the date of dismissal.
Employees making unfair dismissal claims under state law get an extended period of 28 days to file their paperwork from the date of dismissal. These time limits are strict and can be extended in only exceptional circumstances.
It is vital to seek advice from an experienced and knowledgeable employment lawyer given the very short time limits and complexity of law. You need to act as soon as possible if you want to make a successful claim. It doesn’t matter whether you are an employee or an employer – you need to act quickly. Reputed employment law firms can go a long way in saving costs and evaluating the merits of unfair dismissal claims.