If you are an employer you must have come across some employees known for misconduct or under performance. Dealing with them means that you have to be careful about the legal and financial dangers you might face. On the other hand an employee who has been unfairly dismissed can feel distressed and it can be damaging to their reputation as well. It is important to hire the proper kind of unfair dismissal lawyers in Gold Coast. Dealing with an unfair dismissal requires careful understanding of employment law. Your lawyer can help determine the eligibility of the claim or its defense.
What you need to know about unfair dismissal lawyers in Gold Coast
Unfair dismissal arises when an employee feels that the dismissal is Harsh or unjust. This could pertain to the reason for the dismissal as well as the procedure which leads towards the dismissal. The state of Gold Coast has its own National laws which deal with unfair dismissal. It could it be presented in the Tribunal or the industrial Commission. While employees are definitely not covered by the national system if they are employed by the government or a local Council. Foreign Corporation employees are not covered by the national system either. Sometimes it can be difficult to know which law is applicable in your particular situation. It is important that you should have some idea regarding your rights and obligations.
The claim which is made for unfair dismissal depends upon how much an employee earns and what kind of qualification do they possess. It is crucial to hire an experienced workplace lawyer who be able to determine the particular laws which pertain to your case. They also have an idea regarding the jurisdictional objections which might occur to the claim. The royal would make sure that they inform you of anything that is considered as unlawful so that there is a chance of success for your claim or defense.
However it should be kept in mind that an unfair dismissal claim can’t be made when it is associated with the genuine redundancy. The following situations are not applicable for unfair dismissal:
- If the employer no longer requires a job to be performed due to operational changes
- It was not possible to re deploy the employee in any other area of the business
- If the employer has terminated the position according to a set of obligations or an Enterprise agreement.
However in case if an employee feels that they have been unlawfully terminated or they are dismissed due to any sort of discrimination they are eligible to file for unfair dismissal. In case there has been a breach of contract or there has been a dispute within the company or the business, it is important to hire the right unfair dismissal lawyer.
There is also a strict time limit to making an unfair dismissal claim. An employee has around 21 to 28 days for filing a claim from the date of dismissal. Make sure that you contact a Gold Coast unfair dismissal lawyer.