Australian Employment Law Solicitors

Unfair Dismissal Solicitors Compensation Claims

HELPLINE
 
 

The Fair Work Act 2009 (FWA) became operative in 2009 and came fully into force in 2010. The FWA covers a multitude of issues relating to employment disputes including unfair dismissal compensation claims. The most striking part of the new legislation relates to an increase in compensation levels and the inclusion of all firms within the scheme notwithstanding the number of employees.

FWA Criteria

Most employees of firms that employ 15 or more of staff are protected by law from unfair dismissal under the FWA provided they have more than six months continuous service with the qualification period extending to 12 months for firms with less than 15 employees. To qualify for an award of damages under an unfair dismissal compensation claim the applicants solicitor must show that they were dismissed rather than being made redundant and that the dismissal was harsh, unjust or unreasonable and in the case of a business with less than 15 employees, was not in accordance with the Small Business Fair Dismissal Code.

Reinstatement or Compensation

Remedies available under an FWA unfair dismissal compensation claim include reinstatement and damages provided that the applicant was a protected employee, that there was an unfair dismissal and that application is made to the FWA within 14 days of dismissal.

Damages Criteria

Awards of compensation are only appropriate if reinstatement is not a reasonable option and FWA will consider the following issues in awarding damages as a result of a successful unfair dismissal compensation claim :-

  • effect of an award on the viability of the employers business
  • length of service with the employer
  • applicants remuneration
  • employee mitigatation of loss since dismissal
  • remuneration from other employment to date of order
  • likely income between making the order and payment
  • any other relevant matters

Specialist Employment Solicitors

Our specialist employment lawyers deal with unfair dismissal compensation claims using the no win no fee scheme in appropriate cases. If you would like legal advice from a solicitor just email our offices, call the helpline or complete the contact form.

 

HELPLINE