Unfair dismissal constitutes the discontinuation of someone’s employment without any proper and legal reason. Hiring someone for any job or service constitutes that the employee and the employer have entered into a contract, and the employer cannot just fire the employee without citing any proper reason. However, these instances are not uncommon, and it has been seen that even, in Australia a total of about 2300 cases were pending in front of the courts without any resolution. If you have suffered from the same predicament and are looking for a proper solving of the matter, then you must appoint Unfair Dismissal Lawyers Pert who knows their subject and can help you in finding the proper compensation of the harassment borne by you, should your case show the proper merit.
What can be called an unfair dismissal?
The accusation of performing knowingly an act of unlawful dismissal can be devastating to a company in both aspects; if proven, a hefty fine will be financially bad, and also, news of the loss will be very harmful to the goodwill of the company. However, there are several provisos on which a case could be raised, and to get the expert opinion of the most experienced Employment Lawyers Perth before doing so will be an intelligent decision. The points on which an unlawful discharge can be contested in the court can be listed as;
- Automatically unfair reasons
The dismissal shall be deemed as an automatically unfair if your employer has the inherent statutory rights of yours. In this case, the time period of your service, age, and caste will not matter; however, for other reasons, you must have a minimum of two years of service and must be employed, i.e., your service cannot be freelance or self-employment. However, the time of minimum work will vary according to the country of placement. The following grounds constitute an automatic dismissal if stated as the reason by the employer;
- Affiliation with a trade union.
- Employee bringing notice of unlawful activities in the workplace, otherwise known as whistleblowing.
- Being pregnant.
- Taking maternity/paternity leave.
- Taking leave for adoption.
- Collective parenteral leave.
- Refusal to give up a right they are entitled to; such as, right to take a break to rest.
- Enforcing their right of receiving the minimum wage.
- Making someone under the retirement age retire.
- Firing a convicted employee after two years, even if they have not declared it in the first place.
These are the most common reasons; there are quite a few other ones.
The employer cannot fire a person based on a prejudiced reason, and this is another one of the cases where the plaintiff does not need to have a minimum working period. The compensations in these cases also tend to be much higher. If you think that you have been dismissed because of the following reasons, then you should contact the Best Employment Lawyer Perth for the proper resolution;
- Time of life
- Sexual category relocation
- Marriage and civil partnership
- Prenatal period and motherhood
- Faith and belief
- Sexual alignment
During the probation period
The employee cannot be fired during his or her probationary period due to any discriminatory or automatically unlawful reasons. Otherwise, they need a period of minimum serving before an unlawful dismissal claim could be made. However, it must be borne in mind that the employee is entitled to all the basic rights and regulations from the first day.
Without following a proper dismissal protocol
The dismissal of someone is the last resort; there are several guidelines that you need to follow as an employer before giving someone the pink slip. You can only fire someone without completing the steps if there has been any gross breach of contract or a severe misconduct issue. This is called summary dismissal and must be defended with appropriate reason before a tribunal. The steps you will need to follow before you can fire someone from your company can be stated as;
- Having an informal chat
You must have a talk with the employee and try to find out the reason of lacking.
- Suggesting a pointer about improvement
As a paying owner, you must suggest the ways and the areas the employee should make himself and herself better.
- Initial warning in writing
After that, you have to give an initial warning in black and white. E-mail would also be taken as a written warning.
- Final cautioning in writing
You must give a final warning if there has not been any improvement from the bad performance or quality of work before.
- Dismissal with prior notice
At the final stage, you can give the final dismissal letter, with a prior notification period for serving out the pending work.
Some companies provide training to their lagging employees in different facets. Otherwise, you can be wary enough to follow and keep the evidence of all proceedings. You can provide your company persons with the rules and regulation at the start of their job. If you think that any event has the chance of reaching a tribunal, then a proper and complete record must be kept for the events and gatherings that occur in the office. Keeping a record of all the messages is also a great idea to prove that the employees have been notified about the policies of the company beforehand. These and more such methods can be provided to you by the Unfair Dismissal Lawyers so that you can cover your steps legally.
The event of wrongful dismissal can be fought against the employer and compensation could be received if the necessary documents are in order. You will have to keep and produce on request the documents like pay-slip, employment contract, and the dismissal letter. The appeal must be done within a stipulated time, so taking the help of the most adept Employment Dispute Lawyers to arrange for the proper documents would be an exciting approach.