Being dismissed for any reason is never a pleasant experience. If you are in the same position as roughly half of Australians, you’re living pay cheque to pay cheque. That means a job loss will instantly impact your ability to pay bills and even afford the mortgage on your home.
If you’ve been dismissed and don’t think you’ve been treated fairly you should seek the services of a good unfair dismissal lawyer immediately. You have a limited period to file a claim and the lawyer will help you to choose the best path forward.
Both wrongful and unfair dismissal can be claimed. A good lawyer will ensure you are fairly compensated. But, there is a difference between these two types of dismissal.
Wrongful Dismissal
This is when you have been dismissed against the rules of your contract. For example, you’ve taken on for a specific job that lasts a specific time. Your contract will state you’re employed for 6 months and your job descriptions. If the employer decides after three months to stop the project that doesn’t automatically stop your 6-month contract. Dismissing you then would be a breach of your contract and be classed as wrongful dismissal.
It can also apply if you are dismissed due to something you did at work but, the employer didn’t follow the correct disciplinary procedure. All companies have a procedure laid out, if they don’t follow it properly they have automatically given you an unfair dismissal.
Unfair Dismissal
Wrongful dismissal covers any type of dismissal that goes against the terms of the contract and can be claimed at any length of employment. An unfair dismissal can only be claimed after you have worked for someone for two years or more.
To confirm that you have been unfairly dismissed you need to be able to verify the following:
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Not a fair reason for dismissal
There are five recognized reasons for fair dismissal. These include poor conduct, lack of capability, redundancy, illegal behavior, and any other substantial reason. If your dismissal doesn’t fall under one of the above headings it will automatically be deemed unfair.
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Conduct
Poor conduct can lead to a fair dismissal, providing the correct protocols are followed. However, unfair dismissal takes into consideration the employer’s conduct and whether they have acted fairly. This means confirming the employer has followed a fair procedure to arrive at their conclusion and that it was a reasonable response to the situation, or that there was no other option.
The size and available resources of an employer are taken into consideration when assessing whether they have acted fairly or not.
The Bottom Line
You have a right to feel secure in your job. Providing you are getting the job done safely and properly you shouldn’t be at risk of being fired. If the worst does happen you’ll want to see an unfair dismissal lawyer as quickly as possible and get them to take the matter further for you.
You are likely to be entitled to compensation that will help your finances while you look for another job.
