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If you've recently been dismissed from work and are looking for legal support and assistance, then it's worth seeking help from an unfair dismissal lawyer. Use this guide to find out more about unfair dismissal and the kind of support a lawyer can offer to help you through this difficult period.
What's in this guide?
- What does an unfair dismissal lawyer do?
- When should I use an unfair dismissal lawyer?
- Where to find legal services online
- Using a lawyer if you think you've been unfairly dismissed
- What's included with this type of service?
- How effective is an unfair dismissal lawyer?
- Unfair dismissal vs wrongful dismissal.
What does an unfair dismissal lawyer do?
As experts in employment law, unfair dismissal lawyers help clients assess whether a person has grounds for an unfair dismissal claim. They also offer legal advice regarding employment termination and can help their clients to make claims for compensation where appropriate.
An unfair dismissal, also known as a termination, is when an employer terminates the employment contract of an employee. It can also occur if an employer forces their employee to resign. When an employee feels their dismissal was unfair, they have a number of options that can be used to protect their rights and/or obtain compensation for any damage that might have been suffered.
When should I use an unfair dismissal lawyer?
You could use an unfair dismissal lawyer if you feel that your employment contract was ended in a way that was unfair. They'll be in the best position to advise on whether you have a case and the next steps to take.
Situations where you can make unfair dismissals claims include:
- Being terminated for poor performance without warning or having been given the chance to improve.
- Being terminated for redundancy that was deemed not genuine.
- Being terminated for misconduct the employee did not commit.
- When your employer did not provide a valid reason for termination.
- Certain circumstances of being forced to resign by your employer.
In order to make a claim for unfair dismissal, as a minimum you'll have to meet the following requirements:
- Employed for a minimum of six continuous months leading up to your dismissal
- Employed for a minimum of 12 continuous months, if you work for a small business of fewer than 15 employees.
- For casual workers, the same timeframes apply as above. However, you'll typically need to have regular work.
- Earn under $142,000 per year. This is the current high-income threshold for being able to make an unfair dismissal claim in Australia.
Where to find legal services online
In order to explore the cost implications of sourcing the help of an unfair dismissal lawyer, it's worth obtaining a few free quotes. You can also look for law firms that offer a free initial consultation, which will help you assess whether you wish to pursue an unfair dismissal claim.
Does your company belong in this list?
Here's more detail on five legal brands in Australia where it may be possible to get a free unfair dismissal lawyer quote:
- LawPath. Use this service to obtain fixed-fee quotes from employment lawyers.
- Sprintlaw. Submit a form for a fixed-fee quote to access Sprintlaw's suite of lawyers across all areas, including employment law.
- Resolution123. Obtain a swift quote from employment expert lawyers.
- Just Law Quotes. Use this platform to rapidly obtain quotes from suitably qualified unfair dismissal lawyers.
- Foulsham & Geddes. Based in Sydney, this law firm provides phone consultation services and fixed-fee quotes for unfair dismissal claims.
Using a lawyer if you think you've been unfairly dismissed
An unfair dismissal case is likely to involve a number of complex laws and legal matters that will require the need for a lawyer. Often unfair dismissal lawyers are specialists in employment laws and may well have worked with many previous similar cases in the past.
By obtaining a free quote or initial consultation from an unfair dismissal lawyer, you'll have peace of mind that there will be no hidden costs as you proceed.
What's included with this type of service?
An unfair dismissal lawyer will provide highly specialised specific advice on your case. Anything outside of your unfair dismissal case, you may need to seek other types of legal advice.
Your lawyer will be able to advise you on whether there are grounds for an unfair dismissal case. Should you pursue an unfair dismissal claim, they will be able to file your case on your behalf and provide legal support throughout the entire process.
Typically not included
Their services won't usually include legal advice and/or support for anything that's not specifically linked to your unfair dismissal case. They also won't be able to find you a new job.
How effective is an unfair dismissal lawyer?
An experienced unfair dismissal lawyer can be highly effective in assessing your specific situation. They should be able to tell you whether you should make an unfair dismissal claim and your options for seeking any compensation. They can help you through the entire procedure, including conciliation and hearings.
When an unfair dismissal claim is not likely to succeed, a well-qualified lawyer will be able to advise on other actions that could be taken. An unfair dismissal case can result in you being reinstated to your job or receiving compensation. So, there may be a few positive outcomes in enlisting the support of an unfair dismissal lawyer.
Unfair dismissal vs wrongful dismissal.
It's important to note that there's a difference between unfair dismissal and wrongful dismissal. Wrongful dismissal occurs when the employee is terminated on unlawful terms and the employment contract breached. Examples of wrongful dismissals include terminating an employee on any grounds of discrimination, or for making a complaint about their employment.
On the other hand, unfair dismissal relates to issues covered by the Fair Work Act and/or related state law. An example of an unfair dismissal could be if an employer doesn't give a valid reason for dismissal.Back to top
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