Being fired or let go from your job can be a devastating experience, especially if you feel that your termination was harsh, unjust or unfair. When someone lodges an application for an unfair dismissal claim, they are beginning a formal legal process. Once the application is processed, a copy of the application is sent to the employer, and the Fair Work Commission will contact them to respond to the application. Unfair dismissal lawyers in Brisbane, Melbourne, Sydney, and Perth can handle your claim and represent you during the conciliation process or hearing.

What Constitutes an Unfair Dismissal?

If your dismissal was harsh, unjust, or unreasonable, you may be able to make an application to the Fair Work Commission for reinstatement or compensation. If you make an unfair dismissal claim and a hearing is held, you will need to provide evidence to the Commission to show that your dismissal was unfair.

How Long Do I Have to Lodge an Application?

Employees have 21 days to lodge an application. This 21-day deadline commences once your dismissal is communicated to you and you stop attending your place of employment, regardless of any notice period. This means that if you are given a notice period of two weeks, your dismissal does not become effective until the end of the notice period – when you finish working.

If you do not meet the 21-day deadline, the Commission may not be allowed to deal with your case although exceptions apply in some cases.

What Happens During Conciliation?

Conciliation is a voluntary process to help the employer and employee resolve an unfair dismissal dispute. It is an informal, private and confidential process where a commission conciliator works with both parties to bring forth an agreed-upon resolution.

Employees are under no obligation to agree to a settlement. If conciliation fails to produce a settlement, the case will automatically go to a hearing or a conference unless the employee discontinues their application.

However, most disputes are settled at this stage. In fact, four out of five matters are settled during conciliation, which means that it is usually in both parties’ best interest to resolve the matter.

Conciliations are usually held by telephone and take around 90 minutes to complete. All parties and their representatives will be added to the conference call, which means there can be as many as five people on the conference call at one time.

If an agreed settlement has been reached, both parties will be asked to sign a written agreement that spells out the details of their settlement. Unrepresented parties are allowed three days to consider their settlement and can opt out of their settlement during that period. Generally, conferences and hearings will not be held until at least two months after the conciliation process has been completed.

Unfair dismissal lawyers can help give legal advice and prepare you for an unfair dismissal dispute. They can take the hassle out of the application process and even represent you on your behalf during conciliation, which can help resolve your dispute without going to court.

Accessing Lawyers Specialising in Unfair Dismissal

Employment law is complicated and can be difficult to determine whether a dismissal is considered unfair. Employees who are let go from their position have a hard time following the adage "it’s not personal, it’s business.” A person’s career is their livelihood and if they feel they have been let go due to circumstances that they consider unfair.

Seeking the advice of an experienced legal team specializing in employment law begins online. There are many firms based in large city centres across Australia, but you want to select unfair dismissal lawyers working in your community. In a world where we communicate quickly and effectively through email, text and social media platforms, we want answers now. Tech-savvy legal firms make their experience available across all communities by use of email, video chatting and client portals. Video chatting allows clients and unfair dismissal lawyers to connect in a more convenient manner. Clients can discuss their situation and lawyers can set realistic expectations about their case. Cutting out the board room meetings also makes accessing lawyers in this more modern fashion more affordable. Don’t hesitate to reach out to an employment lawyer today if you feel you have been let go from your job unfairly.