Unfair Dismissal

Representation of employers and employees in Unfair Dismissal cases from preliminary advice and support through claim management, document preparation and filing with the Fair Work Commission, representation and advocacy through the progression of the claim.

Leigh has an enviable rate of success in handling these cases and providing practical and professional advice to obtain the best possible results.

There are crucial procedural steps, eligibility requirements and timelines that apply to these matters and claims, which if ignored or mismanaged can dramatically effect either the ability to lodge or defend a claim and the potential settlement outcomes.  These matters include:

  • Employment status, e.g. contract, casual or permanent employee
  • Minimum employment period; 6 months continuous service for businesses with 15 or more employees and 12 months continuous service for businesses with 15 or less employees
  • Adherence to the Small Business Fair Dismissal Code where applicable
  • The ability to have a support person present at warning, disciplinary or termination meetings
  • Method of termination and notice
  • Award, agreement or contractual obligations
  • Remuneration levels and the current exemption amount
  • The existence or absence of policies and procedures and adherence to these policies and procedures where they exist
  • Whether or not Human Resources advice or support was sought and/or applied

It is important to have a professional who is able to assess eligibility and risk in these cases and manage them accordingly.