Unfair dismissal refers to the instance when an employee is terminated in a harsh or an unreasonable manner. There is a substantial body of law relating to what is considered as an unjust and unreasonable termination. However a dismissal is not considered unfair if an employee has committed a criminal act like a theft or a fraud while at work. In such cases it is also not necessary to give a notice and they can be terminated on the spot. On the other hand if an employee is terminated only on the basis of accusations then it might be considered an unfair dismissal.
Accusations like sexual harassment and bullying need to be investigated as impartially as possible. It is important that the employee is supervised carefully and then only can a verdict be reached after careful thought and observation.
However if you feel that you have been a victim of unfair dismissal you can hire a lawyer to represent you.
When to hire unfair dismissal lawyers in Gold Coast
You can hire an unfair dismissal lawyer in all of the following instances.
- In case of a breach of employment contract. There are certain written contracts which have a specific obligation on employees. In case an employee has been dismissed under unreasonable circumstances they have every right to contest that claim. And unfair dismissal lawyer would be able to help by providing the necessary information to the employee. If you believe that there has been a breach of contract make sure that you present the necessary documentation to the lawyer so that they can make a claim on your behalf.
- If you think that you have been terminated on the basis of racism you have every right to claim unfair dismissal. However you may need to provide several evidences or come up with any sort of information which could be useful.
- If an employee is terminated on the basis of redundancy and may have a junior employee do their job or promoted to their specific role is definitely a sign of unlawful discusses. However if the business states that there are already a significant number of employees undertaking the same role and they would actually be terminated due to redundancy then matter would need to be dropped immediately. In either case it is important to have the necessary evidence.
How do the lawyers handle unfair dismissal
The right employment lawyer would make sure that they investigate all the allegations properly. They would also find out whether a disciplinary hearing has been set up. They might even want to accompany their client to this meeting to ensure that everything is taking place in the legal way. Even if the lawyer is not present at the meeting it is important that they take a look at the minutes of the hearing and make sure to ask the employee to confirm whether they are correct. It is important that the employee is accompanied by a lawyer at all the hearing. The lawyer makes sure that they allow the employee to explain about the poor performance. They Try to resolve the grievances informally however if the grievance procedure is not followed then they might want to investigate inviting the employee as well as the employer to a grievance meeting.
Make sure you hire the right Gold Coast employment lawyers to represent you in case of unfair dismissal.