Unfair Dismissal – Acting For Employers

We have experience in advising employers on the processes involved in dismissing an employee and are able to draft appropriatet warning and termination letters and deeds of release. Below are some of the key criteria that must be considered when defending an unfair dismissal claims.

We Aim to Provide Every Client With

• A free telephone consultation
• An honest appraisal of the merits of their case
• Cost effective outcomes
• Direct partners access
• Outstanding results

Who Can Bring a Claim Against You?

An employee, who earns less than $133,000 and is not covered by an award or enterprise agreement, is entitled to bring an unfair dismissal claim within 21 days of their being dismissed.

What is the Test?

An employee can bring a claim if their dismissal was harsh, unjust or unreasonable. An employee only needs to prove one of the elements, in other words, they only need to claim that the dismissal was either unjust or harsh or unreasonable. A dismissal may be:

• Unjust because the employee was not guilty of the alleged misconduct
• Unreasonable because the evidence or material before the employer did not support the conclusion
• Harsh on the employee due to the economic and personal consequences resulting from being dismissed, or
• Harsh because the outcome is disproportionate to the gravity of the misconduct (the punishment does not fit the crime).

How We Will Help?

We will meet with you to discuss any defence to the claim, and how to best approach the claim both legally and commercially.

Contact Us today on 1300 127 330 to arrange a consultation with one of our experienced lawyers.