Executive - Unfair Dismissal Claim Solicitors
Our specialist solicitors deal with compensation claims for unfair dismissal or constructive dismissal for executives under the Fair Work Australia Act 2009 (FWA) which came fully into force in 2010. Consideration for a financial award may have different criteria for an executive as the FWA is entitled to take into consideration all relevant matters when assessing the award of damages which include the executives position within the company, seniority and responsibilities and the reasons for the alleged wrongful determination of employment. Whilst the FWA is required to offer reinstatement in appropriate cases it is unlikely that it would be considered reasonable in most cases to reinstate an executive who has been dismissed.
Fair Work Australia Criteria
In order to justify an unfair dismissal compensation claim that an executives employment has been unlawfully terminated it is necessary to fulfil the criteria in the FWA :-
- executive must be dismissed and not made redundant
- employed for at least 6 months (more than 15 employees)
- employed for at least 12 months (less than 15 employees)
- termination must have been harsh unjust or unreasonable
- potential compliance - Small Business Fair Dismissal Code
- application made to the FWA within 14 days of termination
- salary must be less than the 'salary cap' or
- a (modern) award/enterprise bargaining agreement applies
Specialist Employment Solicitors
Executives who have been dismissed need to take very urgent legal advice from an experienced employment solicitor. Qualified legal advice is necessary prior to negotiating a severance package and prior to signature of any documents including a deed of settlement or deed of release which may contain unacceptable restraint of trade clauses. If you would like legal advice just email our offices, use the helpline or send the contact form. In suitable cases we may be able to pursue a compensation claim using the no win no fee scheme.