Unfair Dismissal Laws In Nsw

If the matter cannot be resolved at that stage, it is allocated to a member of the FWC who will conduct a hearing in the matter. We are Australia’s leading social justice law firm, fighting for the rights of everyday Australians. Our solicitors specialise in Employment Law and represent clients throughout the Hunter, Newcastle, Sydney and across the Central Coast. We have the experience to guide you through often complex workplace issues from beginning to end to ensure you get you the best possible outcome. Our experienced lawyers can help you navigate the process by reviewing the case against you and responding to the complaints made. You can still make an application if these allegations can’t be substantiated or if the employee did not follow due process.
Law Quarter is a law firm focused on delivery of value to our clients whether by legal advice, representation, or other forms of assistance. We engage with our clients to discuss the risks and costs associated with particular courses of action and to provide them with unfair dismissal nsw all the information they need to make the best decision. For employees in NSW who come within the Industrial Relations Act 1996 (i.e. most ASMOF members), you may bring a claim of unfair dismissal if you believe the dismissal was harsh, unreasonable or unjust.
Connect Legal for over decades has diligently and quietly defended and safeguarded our client’s employment and discrimination rights. The word ” fight” conjures up images of undue stress and complexities and we wholeheartedly condemn the use of this word in legal literature. Connect Legal’s philosophy is about defending and safeguarding client rights, which required discipline, diligence and extensive tea work. Yes results make take more time, but the landmark judgements we have obtained within the owner driver area, sham contracting, disability discrimination were because of our unique philosophy. You consistently provided an excellent level of legal service, as well as a genuine compassion. You’ve achieved an excellent result for me and I couldn’t be happier with the outcome.

A change in evidence from the prosecutor led her to change her plan, she worked extremely well under pressure and her ability to pivot and maintain a strong case was truely overwhelming to see. I couldn’t recommend Cara Maynard more, she will be the next person I call if I need a solicitor ever again. We are very grateful to have Tyson Brown representing my husband and I in our court matter. Mr Tyson Brown was the utmost professional during my court case.Very knowledgeable and well read.I was more than happy at the outcome.I cant recommend him any more highly. If you dismiss an employee for any of these reasons, it is likely you will face heavy fines (currently up to $10,800 for an individual and $54,000 for a company) as well as the prospect of having to pay the worker compensation or even being made to rehire them. If conciliation is unsuccessful, a member of the Fair Work Commission will hold a conference or a hearing to resolve a dispute.
The preliminary assessment does not involve the provision of a comprehensive advice about your circumstances, rather it’s a twenty minute telephone conference with one of our team members at a prearranged time to assist you to decide which path to take. It is very important to note that an employee only has 21 days from the date of dismissal to commence an Application for Unfair Dismissal Remedy. So, you need to act quickly if you wish to challenge the fairness of the decision to dismiss you from work. Class actions allow groups of people affected by mass wrongdoings to take action together. We are a leading class action law firm and are well known for our experience in successfully running some of Australia’s most complex and large-scale cases.
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This case demonstrates the risks associated with the use of social media by employees and the lack of regulation of this behaviour by employees, as well as the danger of terminating employment based on such conduct. The comments leading to the termination of Mr Stutsel’s employment were made on his Facebook page. The conduct considered by the employer to be racially derogatory included comments made by Mr Stutsel referring to one of his Muslim managers as a “bacon hater”. Comments implying that a female manager had performed sexual favours for other staff members were considered sexually harassing. Further comments between Mr Stutsel and another employee of the company were deemed inappropriate and involved wishes of violence occurring against the managers. Many of the comments were made in threads between Mr Stutsel and various other employees of the company.
Yes, you need to make a claim with the Fair Work Commission within 21 days from when you were dismissed. The date of dismissal is generally regarded as the last day you attended your workplace. Wrongful dismissal is when an employer dismisses an employee in breach of the terms of a written contract of employment.

I contacted Armstrong Legal for a second opinion and Louisa provided clear and professional advice on the provisions relevant to my matter and allowed me to know exactly where I stood legally. Her advice was inline with what advice I had previously paid a few hundred dollars for. I’m really impressed with what they offer over the phone to let you know if you want to proceed or not. My criminal law situation was difficult, complex and Ana’s diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrate’s Court.
These were disputes between employees collectively and their employers in more than one state. There was considerable doubt whether a dispute about the dismissal of an individual employee had the necessary interstate character, so as to give the Commission jurisdiction to deal with it. Even if such a dispute had the necessary interstate character, it was uncertain whether the Commission had the power to reinstate a dismissed employee. In particular, there was a question whether an order of reinstatement was an impermissible exercise by an arbitral tribunal of judicial power. This removed the necessity for unfair dismissals to be dealt with by the Commission as industrial disputes. If you have been dismissed from your job or experienced other disadvantage due to your cancer diagnosis, you may be able to lodge an unfair dismissal or adverse action application with the Fair Work Commission.

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