Termination of Employment
At McNallys, we understand the importance of job security and the stress that comes with a termination of employment. In this complex area of law, it is important to have expert advice. McNally’s employment lawyers can help you with the right claim to pursue.
Unfair Dismissal
Options include an unfair dismissal claim, an adverse action claim and a claim for damages for breach of contract. It is important to seek advice quickly as time limits to start a claim are very short, often as little as 21 days.
If your employer has threatened to terminate your employment, or has already dismissed you, you can contact our firm for advice regarding the best course of action for your unique situation.
The Fair Work Act allows employees to lodge a claim for unfair dismissal if the termination was harsh, unjust, or unreasonable. Eligibility criteria include completing a minimum employment period of six months (or 12 months for small businesses) and being covered by an Award, an Enterprise Agreement, or earning less than $145,400 annually. The claim must be filed with the Fair Work Commission within 21 days of termination.
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Before proceeding to formal litigation, the claim is referred to a conciliation conference aimed at resolving the dispute amicably and minimizing legal costs. Under both the Fair Work Act and the Industrial Relations Act, the maximum compensation is capped at 26 weeks of pay, and reinstatement is seldom ordered in practice.
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Due to strict time limits, it’s crucial to seek legal advice promptly following a dismissal to ensure a timely and effective claim.
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